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HA-l^DBOOK 



FOR 



SCHOOL TRUSTEES 

OF THE 

STATE OF NEW YORK 

GIVING IN CONTENIENT TOKM AN EPITOM OF THE 

CONSOLIDATED SCHOOL LAW 0¥ 1894 

WITH REFERENCES TO THE 

CODE OF PUBLIC INSTRUCTION 
C. W. BARDEEN 

SCHOOL BUULETIN .<5v^^- ^j , R/b.T^'^^ 



EDITOR OF THE 




op WASH^^ 



*:''^ ~ 



)^1(tU^ 



^ ^»« 



SYEACUSE, N". Y. 

C. W. BARDEEN, PUBLISHER 
1894 



Copyright, 1894, by C. W. Basdmem 



e 






^ 

<^'' 



y 



PREFACE 



The Consolidated School Law which went into 
effect on July 1, 1894, makes so many important 
changes that it must as soon as possible be made 
thoroughly famihar by every teacher and school 
officer. But it makes a pamphlet of 135 pages, and 
it expresses everything with the verbose exactness 
of legal phraseology, so that it is not always easy at 
first reading to see just what is meant, and it is 
often difficult to find just what is wanted. 

So this Handbook has been prepared, which ar- 
ranges the law by subjects, putting what is most im- 
portant in large print and giving the minor details 
m notes, so that the gist of the law may be seen at 
a glance, and then the minor matters looked up as 
needed. Keference is given for every statement to 
the law itself, and references are given to the new Code 
of Public Instruction, which has been placed in every 
district in the State, but which except through the 
references in this Handbook cannot be used in con- 
nection with this law. 

The differences between district and union schools 
are pointed out in detail, and all needed directions 
are given for establishing an academic department 



IV PREFACE 

under the Eegents of the University, with the law 
pertaining to the Regents' schools. The Tabular 
Analysis will be found helpful for class use, and 
the Index is unusually comprehensive. In short I 
have spared no j^ains to make this a complete and 
convenient manual of New York school law, accu- 
rate and thoroughly up to date. 

C. W. Bardeen. 
Syracuse J Aug. 25, 1894. 



CONTENTS 



State Superintendent 9 

State School Moneys 9 

Supervisor 12 

Town Clerk 13 

School Commissioner 14 

City and Village Superintendents 18 

Annual and Special District Meetings 19 

District Clerk 24 

District Collector 25 

District Treasurer 28 

Trustees 28 

Union Free Schools 50 

Normal Schools 70 

Indian Schools ". 72 

Institutions for the Deaf and Dumb, and for 

the Blind 72 

Cornell Scholarships 73 

University op the State of New York 74 

(V) 



REFERENCES 



References to the Consolidated School Law of 1894 are indi- 
cated by small figures in jDarenthesis, the Roman number giving 
the title, the first arable number the section, and the second 
arable number the subsection. Thus (i 2) indicates 1st title, 2d 
section ; (xi. 1-7) indicates 11th title, first seven sections ; (ii, 13, 
5 ; xiii, 1) indicates 2d title, 13th section, subsection 5 , and 13th 
title, section 1. 

When an arable number is separated from the preceding by a 
comma instead of a period, it indicates an additional section or 
subsection. Thus, (vii. 13, 15) indicates 7tli title, 13th and 15th 
sections ; (vii. 14. 4, 5) indicates 7th title, 14th section, subsections 
4 and 5. 

Some of the titles are in the law subdivided into articles, but 
these are not distinguished in the references, since they do not 
interfere with the paragraphing. 

References to the Code of Public Instruction, last edition 
(1887), are indicated by italic numbers. Thus (xiv. 1 ; 492-504, 
557) means 14th title, 1st section ; and pages 492-504 and 557 of 
the Code of 1887. 

This Code is a volume of 1075 pages, bound in full leather, 
and giving the explanations and decisions of the State Depart- 
ment. It is still the authority upon all points except where the 
law has been changed, and by means of this Handbook is made 
readily available. Copies may be had of the publisher of this 
volume at $2.50 each. 

Copies of the Consolidated School Law may be had free by 
addressing the Department of Public Instruction, Albany, N. Y» 

(vll) 



HANDBOOK FOR SCHOOL TRDSTEES 



SUPERINTENDENT OF PUBLIC INSTRUCTION 

Election. — Is elected by joint ballot of the Legisla- 
ture ; his term of office is for three years, commencing 
on the 7th of April next after an election thereto, 
with a salary of $5,000 a year (i. 2). 

He is ex officio a regent of the university, and a 
trustee of Cornell University and of the New York 
State Asylum for Idiots (i. 6). He has entire charge 
of teachers' institutes, for the maintenance of which 
$30,000 a year is appropriated (x. 1-8) ; and of train- 
ing classes, for which $60,000 a year is appropriated 
(xi. 1-7 ; 657). 

Appeals. — In case of an appeal to him from any 
act or decision pertaining to common schools, his 
decision shall be final, and not subject to review in 
any court (xiv. 1 ; 4,92-504., 557). 

THE STATE SCHOOL MONEYS 

Hoiv made up. — (a) The State tax authorized each 
year by the legislature (ii. 1) ; (6) such portion of 
the U. S. deposit fund as shall be appropriated ; and 
(c) the income of the common school fund, constitute 
the State school moneys (ii. 4). 

(9) 



10 STATE SCHOOL MONEYS 

Holu apportioned by the superintendent. — On or be- 
fore the 20th day of January in each year the super- 
intendent shall set apart : 

(1) The amounts required for salaries of {a) com- 
missioners ; and {h) superintendents (see page — ) ; 

(2) Such sums as may be appropriated by the 
legislature for library moneys ; 

(3) A contingent fund of $6,000 ; 

(4) A sum for the Indian schools equivalent to 
their proportion upon the basis of distribution (ii. 5) ; 

(5) The sum of $100 to each district for every 
qualified teacher who has been employed 160 days 
(ii. 6). 

Note 1,— Where thei*e has been change of teachers, a succession of 
qualified teachers entitles the school to its distributive quota (ii. 6). 

Note 2.— Pupils employed to teach, as monitors or otherwise, do not 
entitle to teachers' quota (ii. 6). 

Note 3.— The 160 days include legal holidays but exclude Saturdays. No 
school shall be in session on a legal holiday (ii. 6). The legal holidays in New 
York are Jan. 1 ; Feb. 22 ; May 30 ; July 4 ; the first Monday in Sept,; Dec. 
25 ; each general election day, and each day appointed by the President or 
by the Governor for thanksgiving, fasting and prayer, or other religious ob- 
servance. When a holiday falls on Sunday, the following day is a holiday 
( Chap. 677, laws of 189'2). 

Note 4.— The superintendent shall excuse a deficiency not exceeding 3 
weeks in any school year caused by a teacher's attendance upon an institute 
within the county (ii. 6). 

He shall then aj)portion the remainder of the 
school moneys, and the library moneys separately 
among the counties of the State according to popu- 
lation, excluding Indians. 

Note.— In counties containing cities having school acts, the part to 
which a city is entitled is apportioned to it separately. 

How apportioned by commissioners, — On the 3d 



HOW APPORTIONED 11 

Tuesday of March, the commissioners of each coun- 
ty shall meet at the county seat, and apportion the 
school monej^s as follows : 

They shall (a) set apart and apportion the library 
moneys ; (b) credit to each district the amount appor- 
tioned by the superintendent ; (c) add to the remain- 
der any unexpended school moneys in the hands of 
the supervisors (vii. 54) ; (d) apportion the amount 
among the districts in proportion to the aggregate 
days of attendance ; (e) send to the county treasurer 
and superintendent duplicate certificates showing the 
amounts apportioned to each school district ; and 
(/) certify to the supervisor of each town the amount 
of school moneys apportioned to each district (ii. 13). 

Note. — Library moneys. — They shall apportion the library money thus : 
To each district an amount equal to that which shall have been raised in 
said district for library purposes, by tax or otherwise; and if the aggre- 
gate amount so raised in the districts within the county shall exceed the 
sum apportioned to the county, the apportionment shall be 'pro rata to the 
total amount apportioned (ii. 13. 5 ; xiii. 1-8). 

Hoiij distributed by the State and county treasurers. — 
The moneys so apportioned are payable on the 1st 
day of April succeeding to the county treasurers (ii. 
12), AvIlO shall, immediately on receiving the com- 
missioners' certificate of apportionment (ii. 16), pay 
to each supervisor the moneys apportioned to his 
town, as soon as the supervisor shall have filed a 
bond approved by the treasurer (ii. 17). 

Note. — ^The refusal of the supervisor to give such security is a misde- 
meanor. In such case the moneys for the town are paid to some other per- 
l-ou d«■■^'^nfited by the county judge (ii. 18). 



12 SUPERVISOR 

Holu distributed by the supervisor. — The supervisor 
will pay out library moneys only upon the written 
orders of trustees ; and school moneys for teachers' 
wages only upon written orders of trustees: except 
that when a collector in any district shall have given 
bonds, or treasurer shall be elected as required by 
law, he shall pay over such school mone^^s to such 
collector or treasurer (iii. 4 ; vii. 14. 4, 5 ; 694,-596 , 
659). 

Note 1.— Where there is more than one ti'ustee in a district, the written 
order must be signed by a majority of them (iii. 4). 

Note 2.— In case of a union free school district the moneys both for 
teachers' wages and for library moneys shall be paid over to the treasm-er 
(iii. 4. 3). 

SUPERVISOR 

Town school treasurer. — He is the custodian of the 
school moneys of the town (ii. 16) ; must give a 
bond (ii. 17) ; must report to the superintendent 
whether there be gospel or school lots and how they 
are rented (ii. 22) ; whether the town has a common 
school fund, and if so how it is applied (ii. 23) ; 
sue for and recover penalties (iii. 4. 9 ; vii. 13, 15) ; 
and act when required in the erection or alteration 
of a school district (vi. 4 ; 535), in which case he shall 
be paid f 1.60 a day for his services (vi. 5). If when 
elected he is a trustee or a member of a board of 
education he vacates that office (vii. 22 ; viii. 5). 

Note 1.— When a district is dissolved he shall sell its property at auction, 
apply the proceeds to the payment of its debts, and apportion the residue 
among the owners of taxable property in proportion to their last assess- 
ments (vi. 10 ; 502, 593, Gh7). He may also sue for any money of the district 
outstanding (vi. 11). 



TOWN clerk: 13 

Note 2.— The board of supervisors may divide a school commissioner 
district which contains more than 200 school districts {Chap. 6S6, laws of 1892; 
627). 

Report — On the 1st Tuesday in March he shall 
make a report in writing to the county treasurer 
showing the amount of school moneys in his hands, 
and the districts to which they stand accredited (iii. 
3). 

Note 1.— The supervisor is to keep a true account of all school moneys 
received and disbursed, and lay the same with proper vouchers before the 
board of town auditors at each annual meeting thereof (iii. 4. 4). He is also 
to keep a record of all receipts and disbursements in a bound blank book, 
which he shall deliver to his successor in office (iii. 4. 5). 

Note 2. — Within 15 days after the tennination of his office, he is to de- 
liver a true account of all receipts and disbursements of school moneys, and 
deliver the same to the town clerk, etc. (iii. 4. 6 ; iv. 1. 6-8). 

Failure to pay county tax. — Whenever after the 
first day of March in any year any county has failed 
to pay its share of the State tax, the State treasurer 
and superintendent are authorized to make a tem- 
porary loan to meet the deficiency, which amount 
with interest at 12 per cent shall be added to the 
amount of State tax and levied upon such county 
by the board of supervisors at the next assessment 
(ii. 3). 

TOWN CLERK 

Records. — Shall carefully keep all maps, papers, 
and records of his office pertaining to common schools 
(iv. 1 ; iii. 4, 6 ; vii. 89). 

Reports of trustees. — Is to see that trustees deposit 
with him at the proper time their annual reports, 
and to deliver the same to the commissioner ; also, 



14 gcaOOL COMMISSIONElt 

to furnish tlie commissioner the names and post-office 
addresses of district officers, reported to him by dis- 
trict clerks (iv. 4). 

Alteration of boundaries,— Trustees may request 
the town clerk and the supervisor to be associated 
with the commissioner in deciding as to change of 
boundaries of school districts (vi. 4 ; S^SS), in which 
case he shall be paid $1.50 a day for his services (vi. 
5). 

SCHOOL COMMISSIONER 

Election. — The term of office begins on the 1st of 
January succeeding the election, and is for 3 years 
(V. 4). 

Note.— The yeai'S of election are 1896, 1899, etc., except in the second dis- 
trict of Tompkins county, where they are 1895, 1898, etc. 

Qualifications. — The candidate must be (a) of full 
age, (&) a citizen of the United States, (c) a resident 
of the State and (d) of the county in which the dis- 
trict is situated. A trustee or member of a board of 
education vacates that office when elected commis- 
sioner (vii. 22 ; viii. 5) ; and a commissioner must 
not engage in teaching during his term of office 
(6^7). No person is deemed ineligible on account of 
sex (v. 3). 

Salary. — An annual salary of $1,000 is paid him 
from the State school moneys. This may be in- 
creased by action of the board of supervisors. An 
allowance of $200 a year is also made by the county 
for expenses (v. 7-9). 



MISCELLANEOtJS DUTIES 15 

Removal. — If be persistently neglects to perform 
his duties his salary may be forfeited (v. 10) : and 
he may be removed by the superintendent for wil- 
ful violation of duty, or for wilfully disobeying any 
decision, order, or regulation of the superintendent 
(i. 13). If he is engaged directly or indirectly as 
publisher or seller of school books, or in making or 
selling school apparatus ; or if he receives any gift 
or reward or promise for his influence in securing 
the sale among schools of books or furniture, he com- 
mits a misdemeanor and may be removed from office 
(V. 12). 

Apportionment — The commissioners of each coun- 
ty shall meet at the county seat on the 3d Tuesday 
of March in every year, to apportion the school 
moneys of county among the different districts (ii. 
12). See pages 10, 11. 

Visitation. — Shall visit schools in his district as 
often as practicable each year, and make inquiries of 
all matters relating to the schools, and their man- 
agement, and the condition of the school property ; 
and recommend to trustees and teachers the proper 
course of instruction, management, discipline, and 
studies for the school (v. 13. 2). 

Condemnation of schoolhouses. — If he deems a 
schoolhouse wholly unfit for use he may condemn 
it, under written order taking effect immediately 
(vi. 13.4 ; 629, 630, 636, 637). 



16 SCHOOL COMMISSIONER 

Note.— He has also the power to direct the trustees (a) to make any re- 
pairs or alterations on the schoolhouse or out-buildinf?s which shall, in his 
opinion, be necessary for the health or comfort of the pupils at an expense 
not to exceed $200, unless more shall be voted by the district (637) ; (b) to re- 
pair or replace the school-furniture at an expense not to exceed $100 in any 
one year, (c) He may also direct the abatement of any nuisance on the prem- 
ises when the cost is not more than $25 (v 13.3). He is to approve of plans 
for school-buildings (vii. 17 ; 630), and of change of site (vii. 19). He has no 
power to condemn a schoolhouse site (655). 

Examination of teachers. — Is to examine persons 
proposing to teach common schools in his district, 
who do not possess a State certificate or a normal 
school diploma, and to grant licenses to those found 
to be qualified (v. 13. 5). 

Note.— He may have the use of any school-building in his district for 
holding examinations (v. 16). 

Annulment of licenses. — He is to examine any 
charge afi'ecting the moral character of any teacher 
within his district, and if he finds the charges sus- 
tained to annul the teacher's license (v. 13. 6). 

Note.— He also has the power to take affidavits, administer oaths, and 
issue subpoenas, when directed by the superintendent to take testimony in 
cases of appeal (v. 14). 

Teachers' classes. — Teachers^ classes, organized in 
any academy or union school by appointment of the 
superintendent, are subject to the visitation of the 
commissioner ; it is his duty to advise and assist the 
principal of such school in the organization and 
management, and at the close of the term to exam- 
ine the students in such classes and to issue teachers' 
certificates to such as show proper qualifications (xi. 
7). 

Teachers' institutes. — ^He is to make all necessary 



, MISCELLANEOUS DUTIES IT 

arrangements for institutes wlien appointed by the 
superintendent, and report the same (x. 2). 

Note 1.— He has the right to use any school-building in the district for 
that purpose (x. 3). 

Note 2.— All schools in the distinct must be closed during the institute ; 
except that union free school districts having a population of more than 
5,000 and employing a superintendent may be closed or not at the option of 
the board of education (x. 4). The schools thus closed shall be allowed tlie 
same average pupil attendance for the week of the institute as for the wetik 
preceding, and any school failing to close shall receive no public money 
based upon the aggregate attendance during institute week (x. 5). Wilful 
failure to close the school during institute week is sufficient cause for with- 
holding the public monej'^s (x. 6). 

Note 3. — All teachers Employed or under contract to teach in the dis- 
trict shall attend the institute and shall receive wages for the time in attend- 
ance (x. 4). 

District boundaries. — Shall ascertain from time to 
time if the boundaries of school districts are defin- 
itely described in the records of the proper town 
clerks ; in case they are found defective, or are in 
dispute, shall cause them to be amended, or an 
amended record to be made (v. 13. 1 ; vii. 1, 3, 4 ; 
639). 

May alter the boundaries of any district with the 
written consent of the trustees of the districts afPected 
(vi. 2 ; vii. 1, 3, 4 ; 2U-^o7, 631-53^, 5^0-563). 

Note 1.— If the trustees of any such district refuse to consent, he may 
make and file with the town clerk his order making the change ; but direct- 
ing that it shall not take effect till a specified day not less than three months 
after giving notice to the trustees as given below (vi. 3). 

Within ten days after filing such order, he shall give to one or more of 
the assenting and the dissenting trustees of any district affected by the 
change, at least a week's notice in writing, that, at a named time and place 
within the town, he will hear the objections to the alteration. The trustees 
of any such district may request the supervisor and town clerk to be associ- 
ated with the commissioner ; the decision made, whether the order directing 
the change shall be confirmed or annulled, is final, unless duly appealed 
from (vi. 4 ; 53U-539). 



18 Village superintendents 

Note 2.— Union, free sclwol districts.— "Rq may alter the boundaries of any 
union free school district whose limits do not correspond with those of a city 
or an incorporated village in like manner as of common school districts ; 
but no district shall be altered or divided which has any bonded indebted- 
ness outstanding (v. 6 ; 550). 

Note S.— Dissolved disti^icts. — The commissioner shall order the clerk of 
a dissolved district to deposit the books, papei's, and records of the district 
in the town clerk's office, filing a duplicate of the order with the town clerk 
(vi. 13). The dissolved district must continue to hold meetings for the sake 
of paying its just debts (vi. 12). For distribution of its property, see vi. 
10; 593. 

Note 4.— The inhabitants of a district have no power to annul it (580), or 
to vote that no school be held {617). 

Reports. — On August 1 he shall make a report to 
the superintendent, procuring from the town clerk's 
office the reports of the trustees, and after abstract- 
ing the necessary contents, indorse and deposit them 
with a copy of his abstract in the county clerk's 
office (v. 16 ; ^00). 

CITY AND VILLAGE SUPERINTENDENTS 

Limit of population. — In ai\y incorporated village 
or union school district having a population of 5,000 
or upw^ard, the board of education may appoint a 
superintendent of schools, to be under their direc- 
tion, with powers and duties prescribed by them. 
He shall be paid from the teachers' fund a salary to 
be fixed by a majority vote. Such superintendent 
shall entitle the district to receive $800 a year from 
the free school fund (viii. 17 ; ii. 5). 

Note 1.— Itis for the State superintendent to determine by causing the 
enumeration to be made whether the district really has a population of 5,000 
(ii. 5 ; viii. 17). 

Note 2.— Cities entitled to more than one member of assembly receive an 
additional $500 for each additional member of assembly (ii. 5). 



iSCHOOL MEETIK^GS 19 

Note 3.— The time of the superintendent must be exclusively devoted to 
general supervision (ii. 5). He cannot act at the same time as teaclier. 

ANNUAL AND SPECIAL MEETINGS 

Time and place. — The annual meeting shall be 
held on the first Tuesday in August each j^ear, and 
unless the hour and place thereof shall have been 
fixed by a vote of a previous district meeting, the 
same shall be held in the schoolhouse at 7J o'clock 
in the evening (vii. 8 ; 197, 517, 570-578). 

Note 1.— When the time for the annual meeting shall pass without a 
meeting being held, and the trustees or clerk shall not call a special meeting 
within 20 daj^s thereafter, the school commissioner or superintendent may- 
order a meeting at which the annual reports shall be made and officers 
elected (vii. 9, 15 ; 5Sk). 

Note 2.— The proceedings may be set aside if the attendance was too 
small to make its action fairly represent the wishes of the district {5S2). 

Districts of 300 children. — Districts where the 
number of children of school age exceeds 300, as 
shown by the last annual report of the trustees, 
may by a majority vote at any annual meeting 
determine that the election of officers shall there- 
after be held by ballot on the Wednesday next fol- 
lowing the first Tuesday in August each year, 
between 12 o'clock noon- and 4 o'clock in the after- 
noon, at the principal schoolhouse, or at such other 
suitable place as* the trustees may designate on due 
notice (vii. 15). 

Note 1.— The annual meeting in such districts shall be held as usual on 
Tuesday evening, when all business, except the election of officers, shall be 
transacted (vii. 8). 

Note 2.— This paragraph does not apply to cities, nor to union free 
school districts whose boundaries correspond with those of an incorporated 
village, uor to any district organized under a special act prescribing the 



20 SCHOOL MEETINGS 

manner of the election of officers, nor to the counties of Erie, Kichmond, St. 
Lawi'ence, Suffolk, Warren, and Westchester (vii. lo). 

Note 3.— When the place of election is other than the schoolhouse, the 
trustees shall give notice thereof at least one week before, by poslliiy: the 
same in five conspicuous places in the district, or by publisliiug it in a local 
newspaper (vii. 15). 

Note 4.— The trustees may by resolution extend the time of holding the 
election from four o'clock till sunset (vii. 15). 

Special oneetings. — -To call a special meeting, a 
notice shall be duly served upon each inhabitant 
entitled to vote, at least five days before the meet- 
ing ; the notice shall state the purposes for which 
the meeting was called and no other business shall 
be transacted (vii. 6 ; S7S, 579, 581^, 61^6), 

Note.— The notice shall be read in the hearing of each qualified voter 
or, if he is absent from home, a copy shall be left at least six days before 
the meeting, stating the time, place, and object of the meeting (vii. 2 ; 579). 

But unless it shall appear that an omission to 
give due notice to all such voters was wilful and 
fraudulent, no proceedings shall be held illegal for 
want of such notice (vii. 7 : 588, 64-(^). 

Note.— The proceedings of any meeting may be set aside where the pro- 
ceedings were so turbulent and disorderly as to prevent a fair espi*ession of 
opinion {5S9), or where records of tlie meetings were not properly kept (591). 
But the meeting is not bound by strict parliamentary rules, and makes its 
own (573). 

Qualification of voters. — Every person, man or 
woman, (a) of 21 years of age, {h) who has resided 
in the district for the proceeding 30 days, (c) a citi- 
zen of the United States ; and (1) Avho owns or hires 
or holds under contract to purchase real property in 
such district liable to taxation for scliool purposes 
{790), or (2) who is a parent of a child of scliool age 
that has attended the district school at least 8 weeks 



QUALIFICATIONS OF VOTERS 21 

within one year preceeding ; or (3) who has perma- 
nently residing Avith him or her any such child ; or 
(4) who owns and was assessed on the last preceding 
assessment roll of the town exceeding $50 of per- 
sonal property, exclusive of such as is exempt from 
execution, and no other, shall be entitled to vote at 
any school meeting, and may vote upon all questions 
brought before the meeting, including propositions 
to raise money by tax {638) (vii. 11). 

Note 1.— The voter must have aU the qualifications (a), (5), (c), and 07\e 
of the qualifications (1), (2), (3), (4). An alien is no longer permitted to vote. 
See 187, 528, 788-791. 

Note 2.— Under (2) both father and mother are entitled to vote. 

Note 3. — ^Under (3) only one person, the head of the household, is entitled 
to vote. Therefore where husband and wife residing together have such a 
child residing with them, the wife is not on that account entitled to vote. 

Note 4.— Under (1) a man does not become eligible through real estate 
owned by his wife (791). 

Note 5. — No person shall be deemed ineligible to vote at any district 
meeting or to serve as any school officer, by reason of sex, who has the 
qualifications required by law (vii. 11 ; 791.) 

Illegal voting. — Any person .offering to vote at 
school meeting, uj)on being challenged as unqualified 
by any legal voter, shall be permitted to vote (S2^) on 
making this declaration : *' I do declare and affirm 
that I am an actual resident of this school district 
and that I am qualified to vote at this meeting." 
If the person refuses to make this declaration, the 
vote of such person shall be rejected, (vii. 12, 16.) 

Note. Any person who, upon being so challenged, shall wilfully make 
a false declaration of his or her right to vote at such election is guilty of a 
misdemeanor. Any unqualified person who shall vote, though not chal- 
lenged, shall forfeit the sum of $5.00, if it be at an ordinary district meeting 
(vii. 13, ), or of $10 if it be an election held on the Wednesday following 
the annual meeting (vii. 15), to be sued for by the supervisor for the benefit 
of the district (vii. 13, 15). See Penal Code 41 k. 5, 18. 



22 SCHOOL MEETINGS 

Poivers of school meeting. — The inhabitants may 
by majority of the votes of those present (vii. 4) : 

(1) Appoint a chairman {191). 

(2) In the absence of the clerk appoint a clerk 
pro tern. 

Note.— At the annual meeting, the next business is the presentati<jn of 
the annual reports of trustees, collector, and treasurer (vii. 35, 86). Tlie 
trustees then, present statement of the money needed for teachers' wages, 
fuel, repairs, insurance, furniture, library, etc. (vii. 14), and the meetJnj? 
takes action upon it. This should precede election.— iSuperinienamCs 
Circular of Infm^mation, July 5, 1894 ; h07). 

(3) Adjourn from time to time as needed {192 , 
572, 577, 751). 

(4) Elect by ballot (a) trustee or trustees, {h) dis- 
trict clerk, (c) district collector, and if so determined 
by the district {d) a treasurer {515-529). 

Note 1.— No school commissioner or supervisor may be trustee, and no 
person can hold two district offices at the same time {,1+19, 51S, 785, 786). Every 
district officer must be a resident of the district, qualified to vote at its 
meetings, and able to read and write (vii. 22, 23). The treasurer must also 
be a taxable inhabitant (vii. 14. 5). If the candidate receiving a majority is 
found to be ineligible, a new election must be had {525). The trustee must 
not be the teacher of the district {7UU, 765). 

Note 2.— The term of office of all district officers is one year, except that 
where there are three trustees the term is for three years, and in changing 
from one trustees to three, one trustee is elected for two years. But dis- 
trict officers hold office until their successors are elected or appointed (vii. 
24). In a newly-created district the terms of the officers elected expire on 
the 1st Tuesday of August next thereafter (vii. 25). 

Note 3.— It requires a majority vote to elect ; that is the candidate must 
receive more votes than all the other candidates together (vii. 14. 4 ; 511, 52U). 

Note 4.— Formerly election by ballot was required only in union school 
districts {517, 521, 526), but it is now required in all districts (vii. 14. 4). 

(5) Determine to have a treasurer. 

(6) Fix the amount of bonds of the collector and 
of the treasurer. 



POWERS 23 

(7) Designate sites for a schoolhouse {273-287 ^ 
581, 6^1). 

Note 1.— The final designation can be made only at a special meeting: of 
the district duly called for the purpose by a written resolution in which the 
proposed site is described. 

Note 2.— While the district remains unaltered, the site cannot be changed 
without wi'itten consent of the commissioner and a majority vote of the dis- 
trict (vii. 19 ; 276, 6U3-657). The old site may then be sold (vii. 20). 

Note 3.— For acquisition of site by condemnation, see ix. 1—5. 

(8) To vote a tax for purchasing,, leasing, and 
improving such site {258-264,, ^^6). 

Note 1.— No tax exceeding $500 for a schoolhouse can be levied unless 
the commissioner shall certify his approval (A59, 568), nor shall the house be 
built till the commissioner shall approve in writing the plan of ventilating, 
heating, and lighting (vii. 17 ; 639). 

Note 2.— By a majority vote, the money for school building may be 
raised by instalments, not to extend more than 20 years. The trustees may 
then borrow at not more than 6 per cent., and issue bonds (vii. 18). 

Notes.— The district is not limited as to the amount it may pay for a 
site (C42). 

Note 4.— The district must purchase the site. A perpetual lease will 
not be permitted (650, 685). 

Note 5.— All voting upon questions that involve the expenditure of 
money or the levying of tax must be by ballot, or by taking and recording the 
ayes and noes (vii. 14. 18). 

Note 6.— A meeting may Avithin proper time increase, diminish, or 
rescind the action of a former meeting to build a schoolhouse (587). 

(0) To vote a tax not exceeding $25 in any one 
year for the purchase of maps, globes, and school 
apparatus, and for the purchase of text-books and 
other school necessaries for the use of poor scholars 
of the district (WS). 

Note 1.— This section does not authorize the adoption of free text- 
books (193). 

(10) To vote a tax for a school library. 

(11) To vote a tax to supply deficiency from what 
has proved iijcQllectible of a former tax {19S). 



24 DISTRICT CLERK 

(12) To authorize the trustees to have the school 
property insured by any insurance company created 
by or under the laws of this State. See vii, 47. 7 ; 
^66. 

(13) To alter repeal and modify their proceedings 
as needed {19S). 

(Ir4) To vote a tax for a book to record the pro- 
ceedings {194). 

(15) To vote a tax to replace moneys lost or 
embezzled by district officers, and to pay expenses 
of law suits {195). 

(16) To vote a tax for teachers' wages. 

(17) To vote a tax to pay judgments against the 
district {745-74.7, 752, 754-756). 

Note 1.— When the court shall certify that school officers have acted in 
good faith and where the matter might have been appealed to the superin- 
tendent, no costs in actions at law shall be allowed to plaintiff (xv. 3). 
When school of&cers have been instructed by the district to bring or defend 
an action, their costs and reasonable expenses shall be a district charge 
(xv. 4). When they have brought or defended such action without vote of 
the district, they may be reimbursed by a majority vote at a district meet- 
ing (xv. 5). Should the district refuse, they may appeal to the county judge 
(XV. 6). 

Note 2.— In all propositions to spend or raise money, the vote shall be by 
ballot, or by taking the ayes and noes (vii. 14). 

DISTRICT CLERK 

Duties. — He is (1) to record district proceedings ; 
(2) give notice of special meetings ; (3) post notices 
of adjourned meetings ; (4) give notice of annual 
meeting ; (5) notify persons elected to district offices ; 
(6) notify trustees of resignations ; (7) keep all records 
and transfer them to his successor, or in dissolved 



DISTRICT COLLECTOR 25 

districts (8) to the town clerk ; (9) attend and record 
meetings of trustees ; (10) call special meetings when 
the office of trustee is vacant ; (11) hold the records 
02^en for insj)ection (vii. 34 ; 608-511). 

Note. — The law does not permit the clerk to receiA^e pay for his sei'vices 
{510). 

Notices of election. — Shall notify in writing any 
person elected to any district office of such an elec- 
tion, when the person is not present at the meeting. 
Unless a written refusal to serve is filed with the 
clerk within 5 days thereafter, such person shall be 
deemed to have accepted the office., (vii. 27, 34. 5). 

Penalties. — If the clerk fails to deliver the records 
to his successor, or if in a dissolved district he fails 
on order of the commissioner to deliver them to the 
town clerk, he forfeits $50 (vii. 13, 34). 

DISTRICT COLLECTOR 

Bond required. — Vacates his office by not executing 
a bond, and the trustees may suj^ply the vacancy 
(vii. 28). If the trustees approve the bond, they 
shall endorse their approval thereon, and further- 
more deliver the bond to the town clerk, who shall 
file the same in his office, charging the district a fee 
of 25 cents (vii. 80, 88 ; 511-5U), 

Note.— He cannot legally enforce the collection of any tax unless he has 
executed a bond to the trustees, and readers himself liable for trespass to 
attempt to collect by Icat and sale (Letter, Sup't Rice, Nov. 13, 1865). 

It is not sufficient to say that no loss has happened to the district in the 
past for want of a bond ; the inhabitants are entitled to one as security in 
the future {511), 



26 DISTRICT COLLECTOR 

Vacancy. — A refusal to serve as collector creates a 
vacancy in the office, which the trustees may fill by 
appointment (Sup't Rice, Letter, April 10, 1854). 

Note.— A verbal appointment of a collector by the trustee is invalid; the 
appointment must be "WTitten and filed with the district clerli. (Supreme 
Court— 1876.) 

Delivery of ivarrant. — A warrant for the collection 
of a tax voted by the district shall not be delivered 
to the collector till the 31st day after the tax was 
voted ; a warrant for any other tax may be delivered 
when it is completed (vii. 78, 79). 

Renewal of ivarrant. — The collector's warrant may 
be renewed but once without the written consent of 
the supervisor to a renewal endorsed thereon (vii. 83 ; 

my 

Posting notices. — On the receipt of a warrant, the 
collector shall post notices in at least three public 
places of the district, one of which shall be on the 
outside of the front door of the schoolhouse, that he 
has received such warrant, and that taxes may be 
voluntarily paid him during the next two weeks. 
He shall also give notice personally or by mail at 
least 10 days before the expiration of the two weeks, 
to the ticket-agent at the nearest railroad station of 
any railroad assessed, and to non-resident tax-payers 
where the amount of tax exceeds one dollar (vii. 81). 

Compensation. — He shall receive 1 per cent on all 
sums paid within two weeks of posting the said 
notice, and 5 per cent on sums thereafter collected. 



DISTRICT COLLECTOR 27 

In case of levy and sale, lie shall be entitled to 
travelling fees at the rate of 10 cents a mile (vii. 81). 

Enforcement of tax levy. — At the expiration of a 
collector's warrant, if the uncollected sums be pay- 
able by any person not residing in the district at 
the time of making out the tax list, or who shall 
not reside therein at the exjDiration of such warrant, 
or if the property assessed be real estate belonging 
to an incorporated company, and no goods or chat- 
ties can be found whereon to levy the tax, the trus- 
tees may sue for and recover the same in their name 
of office (vii. 85). 

May sell personal property, hut not real estate. — Is 
under no circumstances authorized to sell real estate ; 
but he can keep levying on personal property till 
enough to satisfy the tax is secured. (Sup't Rice — 
Letter April 23, 18G6.) 

Note 1.— No property is exempt from levy and sale under a tax-list and 
warrant, except certain military equipments. (Code of 1868 ; p. 191.) 

Note 2.— The collector may levy upon any goods or chattels lawfully in 
the possession of the person liable for the tax, although such person be not 
the owner. (Code of 1868 ; p. 191. Supreme Couit— 1835.) 

Money held in trust. — He shall keep in his posses- 
sion all moneys received or collected by him, and 
pay them out upon orders from the trustees ; and 
he shall report in writing at the annual meeting of 
all his collections and disbursements, and pay over 
to his successor, when he gives bail, the moneys 
belonging to the district. He shall also report to 
the su|)ervisor on or before the iirst Tuesday in 



28 TREASURER 

March of each year the amount of school moneys in 
his hands (vii. 8Q). 

He must make good to the district any moneys 
lost by lack of proper effort to collect (vii. 87). 

Unpaid taxes. — If at the expiration of a tax-war- 
rant, any tax of real estate, or taxes upon non-resi- 
dent stockholders in banks organized under the 
laws of congress, shall remain unpaid, the collector 
shall deliver to the trustees an account of the taxes 
remaining due, with a description of the lands upon 
the tax-list, w^ith the amount of the tax thereon, 
and upon making oath before any officer authorized 
to administer oaths that, after diligent efforts, he 
has been unable to collect the same, he shall be 
credited by the trustees with the amount thereof 
(vii. 72). 

Note.— The trustees, upon sending the account, affidavit, and their cer- 
tificate that such account is coi-rect, to the county treasurer, shall be paid 
the amount of the returned taxes from the county treasury (vii. 73, 74). 

TREASURER 

An optional office. — Any district may by a majority 
vote elect a treasurer, as custodian and disbursing 
officer of all ocliool moneys. He must be a qualified 
voter and taxable inhabitant of the district (vii. 14.5, 
35 ; iii. 4. 1). 

TRUSTEES 

Number. — A district having three trustees may at 
any annual meeting decide by resolution to have but 
one ; no election of a trustee shall be held in such 



TRUSTEES 29 

district till the expiration of tlie terms of those then 
in office. To change from one trnstee to three trus- 
tees requires a two-thirds vote of those present at any 
annual meeting (vii. 26 ; ^18), 

Office vacated. — A trustee who publicly declares that 
he will not accept or serve in the office of trustee, or 
who neglects to attend three successive meetings of 
the board (where districts have more than one trus- 
tee) after due notice thereof, without a good and valid 
excuse to the others, vacates the office (vii. 30 ; 766). 
A duly qualified person appointed to a school district 
office who refuses to serve shall forfeit f 5 ; or if he 
does not refuse but neglects to perform his duties he 
shall forfeit $10, for the benefit of the schools of the 
district. But if his resignation be offered and ac- 
cepted by the commissioner or the district meeting 
there shall be no forfeit (vii. 33). 

Removal. — The superintendent may remove a 
trustee for neglect, or disobedience of orders {756- 
762), but not for immorality {761\ or for failure to 
agree with his associates {760). 

Vacancies. — In case of death, refusal to serve, re- 
moval from the district {787), or vacancy in the office 
of trustee by any other cause, and no election of a new 
trustee by a district meeting within a month there- 
after, the commissioner may, in writing, appoint a 
competent person, to serve until the next annual 
meeting (vii. 29 ; 192). 



30 trustees: powers of 

Other vacancies. — Trustees may fill vacancies in 
other district offices by appoiutmeiit (vii. 31). 

Note.— Every appointment to fill a vacancy made by the commisoner or 
trustees, is to be filed at once with the district clerk, who shall immediately 
notify the person appointed (vii. 32). 

Board meetings. — Any trustee may call a meeting 
of the board by giving the others at least 24 hours' 
notice (vii. 45). 

Note.— When all have been notified and two only meet, these two have 
the powers of all three (vii. 45). Where there is a vacancy, the two have the 
powers of all three, and if there are two vacancies, the remaining trustee 
has the powers of all three (vii. 46). But the acts of a majority are illegal 
when performed without notifying or consulting all three (Sup't M6rgan, 
Nov. IG, 1848). See h23, 6U1, 5U3, 569, 713-719, 721, 7k3. 

Powers and duties. — The trustees shall : 

(1) Call sjDecial meetings when needed (vi. 47. 1 ; 
183), 

(2) In the absence of the clerk, give notice of 
meetings (vii. 47. 2). 

(3) Make out a tax list within 30 days after the 
tax is voted by a district meeting {328-377). 

Note 1.— The law is merely directory ; the. tax list may be made out 
after the 30 days {32S). 

Note 2.— The tax list shall contain as a heading a statement of the pur- 
poses for which the different items of the tax are le\ied (vii. 47.3, 62). 

Note 3. — The valuation of taxable property shall be ascertained, so far 
as possible, from the last assessment roll of the town ; where it cannot be so 
determined, or where any person shall claim a reduction of his assessment, 
the trustees shall ascertain the true value of the property from the best evi- 
dence in their power, giving notice to the persons interested and proceeding 
the same as required by law of town assessors (vii. 64, 65 ; 606-50S). 

Note 4.— Any person working land under contract shall be deemed the 
possessor, and any person in possession of property under contract to pui- 
chase shall be liable to taxation therefor (vii. 67). Eveiy person owning real 
property who shall improve and occupy the same by his agent or his servant 
^hall be considered a taxable inhabitant of the district (vii. 68). A tenant 



'TAXATION 31 

may charge back to the owner the district tax for schoolhouse property 
(vii. 69). 

Note 5.— Lands of non-residents liable to taxation in the district, not 
occupied by a tenant or improved by the owner, his agent, or servant, are 
to be assessed as non-resident, and a description thereof entered on the tax- 
list (vii. 63, 71). 

Note 6.— In making out a tax list where districts have more than one 
trustee, all of them must be notified in order to meet and act together in 
determining the assessments : without such notice a tax list is Invalid. 
Sup't Van Dyck— 1849 ; 6G2.) 

Note 7.— When ti'ustees make an original assessment for a school tax, a 
20 days' notice to the parties affected is required before the delivery of the 
tax list and warrant to the collector {6S0). 

Note 8.— When a person appears before the trustees at the proper time 
and place to claim a reduction in an original assessment made by the trus- 
tees, it is the duty of such trustees to examine the person imder oath, and to 
correct the assessments if they appear to be erroneous {GSh), 

Note 9.— The tax list may be amended and coiTected, with consent of 
the superintendent (\ii. 84). 

Limit to tax for building. — No tax exceeding $500, 
voted by a district meeting for building, hiring, or 
purchasing a schoolhouse, shall be levied by the 
trustees without the written approval of such larger 
sum by the commissioner; and no schoolhouse 
shall be built in any district until the plan of such 
schoolhouse, so far as ventilation, heat, and light- 
ing is concerned, shall be approved in writing by 
the commissioner. But nothing herein contained 
shall invalidate any tax levied for building and 
repairing schoolhouses which in other respects com- 
ply with existing statutes (vii. 17 ; 4^9). 

Note 1,— Except in New York city and Brooklyn, all school buildings 
more than two stories high must have outside stair-cases (vii. 49). 

Note 2.— A taxable inhabitant who has been within four years set off 
from another district without his consent, and who has within that period 
paid into that district a tax for building a schoolhouse shall be exempted 
from paying tax for building a schoolhouse (vii. 70). 



32 trustees: powers of / 

Unfit schoolhouses. — The school commissioner 
alone has the power to condemn a schoolhouse and 
school furniture when, in his judgment, it is unfit 
for use and not worth repairing. When the order 
reciting the reasons for this action, with a statement 
of the cost, not to exceed $800, of such new build- 
ing as is required, has been received by the trustees, 
they must immediately call a special meeting to con- 
sider the question of rebuilding (v. 13. 4 ; ^6S, 629- 
637). 

Note 1.— The meeting shall have no power to reduce the commissioner's 
estimate of cost more than 25 per cent, and where no tax shall have been 
voted by the district within 30 days from the time of the first meeting held 
to consider the question, the trustees shall contract for the building of a 
schoolhouse to cost not more than the estimate of the commissioner and 
not to exceed 25 per cent less, and levy a tax to pay for the same (v. 13. 4). 

Note 2.— A district cannot be compelled to rebuild where the school- 
house has been destroyed, but the district may be annulled {559). 

(4) Annex to the tax-list a warrant directed to 
the collector. See page 26. 

Note— Within 15 days after the tax-list and warrant are returned by the 
collector, they must file the same with town clerk (vii. 89). 

(5) Purchase or lease a site for the schoolhouse. 
See page 23. 

Note.— Trustees are the only legal authority by which the vote of a dis- 
trict can be carried into execution, and have sole power of making conti'acts 
and of accepting work done (63S, 749). 

(6) Havecustody of the school property (vii. 47. 6 ; 
266\ 

Note l.-^They may permit the schoolhouse to be used for instruction 
In learning, or in music (vii. 52); and must allow it to be used for teachers' 
institutes or for teachers' examinations, when requested by the commis- 
sioner (v. 16.; X. 31). But they must not allow it to be used for temperance 
meetings {fiho) , and should use discretion in opening it for religious meetings ; 
no use should be permitted likely to occasion controversy {267), 



EMPLOYMENT OF TEACHEES 33 

..--^ Note 2.— The trustees are especially directed to take care of the code of 
public instruction, and deliver it to their successors (xv. 12). 

(7) Insure the school property (vii. 47. 7 ; 266). 
iSee also vii. 14. 

(8) Insure the school library (vii. 47. 8). 

(9) Employ teachers as needed (vii. 47.9; 74-4)- 
Qualified teachers. — No school moneys or money 

[raised by tax may be paid to a teacher who is not 16 
; years old, and who does not hold either (a) a nor- 
[mal diploma, {h) a State certificate, (c) a college 
[certificate, {d) a uniform certificate, or (e) a tempor- 
■ ary license (vii. 38 ; i. 10 ; 378-394, 709, 732). 
\ Any trustee paying public money to an unqualified 
I teacher commits a misdemeanor, and any fine 
I imposed upon him shall be for the benefit of the 
! district (vii. 39, 40). 

Note. — The teacher's license may be annulled for wilful failure to attend 
institute (x. 6), for refusal to fulfil a contract (vii. 47. 9), for immorality (v. 
13. 6), or for incompetency {G92-69S, 102). The contract then ceases (jn). 
The teacher may be discharged at any time on failure to produce certificate 

(73i?). 

Not limited by the wishes of the district. — Trustees 
may hire whom they choose for teacher, and pay such 
wages as the}^ may see fit^ with no power by the 
district or vote of a district meeting to restrain them 
(728) ; however, the wishes of the inhabitants should 
not be disregarded {715). 

A sole trustee has all the powers of a board of 
, three trustees (vii. 44). 

Note.— Hence he can now employ a teacher for the ensuing year in 
advance of the school meeting, a power not conferred by the old law. 



S4 TRUSTEES : POWERS OE 

JRelationship. — Trustees shall employ as teacher 
in a district school no one who is related by blood 
or marriage to any such trustee, except with the 
approval of two-thirds of the voters present and 
voting upon the question at an annual or special 
meeting. Nor shall the trustees of an}^ district hire 
a teacher for more than a year in advance. Any 
person employed in disregard of these provisions 
shall have no claim for wages against the district, 
but may enforce the contract made against the 
trustees consenting to such employment, (vii. 47.9). 

Note l.—IielationsMp to trustees.— Wheve the district has three trustees, 
a relative of any one of them cannot be hired by the other two unless a 
ineeting of the district approve of it by a two-thirds vote {T2T). 

Note 2.— The law formerly made the limit of relationship two degrees 
{S95-S99), but the amended law makes no limit as to relationship and it is to 
be construed literally. The trustee cannot hire a teacher who is related 
to him in any ([egvee~{Lette7'of Siqft Crodhei\ Aug. 15, 189!*). 

Note 3.— The prohibition regarding the employment of a relative as a 
teacher now applies to union schools, but may be waived upon consent in 
wi'iting of two-thirds of the members of the board of education (viii. 11). 

Note 4.— Eelationship by marriage ceases upon the death of the wife or 
husband. 

(10) Make with teachers emploj^ed a written con- 
tract, with stipulation that wages shall be paid 
monthly (vii. 47. 10 ; xv. 17, 18 ; S95, 400, 1^05, 722.) 

Note 1.— A contract with a teacher shall not be made "for a shorter 
time than 10 weeks, or for moi*e than one year in advance (vii. 47.9 ; 735). 

Note 2.— Any failure on part of the teacher to complete an agreement 
to teach without good reason will be deemed sufficient ground for revoking 
the certificate (vii. 47.9), 

Note 3.— The contract may be annulled if the teacher close school upon 
any school day {731). 

Note 4. —If a teacher gives up his school because the trustees will not 
sustain him in enforcing reasonable rules, he may recover wages for the 
timet taught {703). It is the duty of the trustees if they learn that serious 



DISMISSAL OF TEACHERS 35 

disturbance at school is threatened, to warn the teacher, and to be present 
themselves (733). 

Note 5.— Where the teacher gives up the school voluntarily, even at the 
request of the trustees, she can recover wages onlj'' for the time taught (70A). 
A teacher giving up the school through sickness is to be paid for the time 
taught (723). 

Note 6.— When a teacher finds the schoolhouse locked against him, and 
without applying to the trustee goes away without making demand till 
15 days afterward for opportunity to continue, he is held to have abandoned 
his contract (705). 

Note 7.— If the school is closed during his term through fear of an 
epidemic, the teacher is entitled to vrages for the time (710) ; and if extra 
weeks are tauglit, to extra wages for the extra time (708) . The teacher 
cannot be compelled to teach an extra week to make up for the institute 
(711), and all holidays are allowed him without loss of wages (719). 

Note 8.— A contract for a year includes the two months of vacation (707); 
but during these months the teacher may teach another school or otherwise 
employ his time (710). 

Note 9.— When the contract states that it shall continue as long as the 
teacher keeps a good school, if the teacher is discharged it is for him to 
prove that he kept a good school (723, 726, 729). 

Dismissal of teachers. — The annulment of the 
license dissolves all contracts entered into by virtue 
of its sanction, but until the license is revoked, the 
trustees are not bound to retain a teacher obnox- 
ious to the district through immorality, ignorance, 
or inefficiency (7^P-7^^). 

Note.— This would be subversive of the principles already enunciated as ; 
pertaining to the essential nature of conti'acts. It cannot be supposed that 
in case a charge of gross immorality, specifically urged, carrying with it a 
strong presumption of its truth, were brought against a teacher, the trustees 
must wait for the tedious delay of a formal hearing before a commissioner, 
and abide the event which may be determined through insufficiency of evi- 
dence, while the moral conviction of the truth of the charges preferred is 
still strong and abiding. The presence among pupils of a teacher against 
whom such suspicion should rest, must of itself, from the suggestions to 
which it would give rise, promote conditions of mind opposed to the develop- 
ment of virtue and purity of the heart. 

This consideration alone would justify the trustees in a summary dis- 
missal of the teacher. This, to bo sure, is an extreme case, but it is sufficient 
to illustrate and to establish the principle advanced, that the trustees may 



36 TRUSTEES : POWERS OF 

be justified in the discharge of a teacher before the close of the term 
specified in his conti*act. In determining what constitutes such justification, 
it is difficult, not to say impossible, to establish uniform rules (730). 

The power to dismiss the teacher rests with the 
trustees. For an abuse of their discretion, or an 
unwarranted exercise of their authority, they are of 
course responsible. On complaint of the person 
sustaining what he considers a grievance or wrong, 
the issue becomes one of fact, and it devolves upon 
the trustees to show by evidence that the teacher 
lacked the character, the ability, or the will essential 
to a proper discharge of his -duties, and that he 
failed thus to fulfil the obviously implied conditions 
of his contract (730). ^ 

Note.— The mere fact of dissatisfaction on their part, or that of the in- 
habitants,- is not sufficient to justify the discharge of a teacher employed for a 
definite period. The tribunal before whom the action is brought, as a court, 
a jury, or the superintendent, are the constituted judges of fact, and Avill 
determine, from the evidence presented, whether the incompetence of the 
teacher, as resulting from ignorance or indifference, is fully proved, and 
hence his discharge upon the ground of a violated contract clearly justified. 

In the case here presented, the trustees offer evidence bearing upon the 
management and general deportment of the appellant in the school-room, 
and his intercourse with his pupils, tending to show disregard of the proper- 
ties and courtesies incident to his position. Trifling and irrelevant conversa- 
tion, oft indulged and long continued with 2iupils in school hours ; prying and 
impertinent questions in regard to domestic affairs; loiv,andat the least sug- 
gestively vidgar, remarks to the older female 2)upils ; rude, boisterous, and harsh 
language, as a means of or substitute for discipline, are alleged and proved by 
the testimony of his pupils, with a circumstantial minuteness that requires 
emphatic denial or plausible explanation to invalidate or palliate. 

The appellant has failed to meet the issue. It is proper and just to 
remark, that the justification of the trustees does not proceed from any 
alleged or proved inability or immorality of the appellant ; his literary qual- 
ifications and his moral character stand unimpeached, and, it is to be hoped, 
unimpeachable. But his inefficiency appears to have been the result of gross 
negligence and indifference — a debilitated will, rather than of inherent de- 
pravity or defective scholarship, a fault which is earnestly hoped the whole- 
some practical discipline of this experience will serve to eradicate. 



rules: attendance 37 

Under the view of the case as above presented, therefore, I must decline 
to interfere with the action of the trustees, and hold that they have pre- 
sented a sufficient justification therefor {730). 

The teacher may be dismissed for unjustifiable severity of punishment 
(732), but not for mere difference of opinion from the trustee as to disci- 
pline (732). 

(11) Establish school regulations and courses of 
study (vii. 47. 11). 

The principal subject of rules and regulations are 
the following : 

(a) Attendance. — The schools are free to all per- 
sons over 5 and under 21 years of age residing in 
the district (vii. 36). 

Children of school age, in the trustee's report, in- 
clude all children over 5 and under 21 years of age, 
who on the 30th of June last preceding the date shall 
have been actually in the district, comprising a part 
of the family of their parents, guardians, or employ- 
ers, residing, even but temporarily, in the district ; 
but not including the children of a family residing 
in another district in which such children may be 
by law included in the report of its trustees ; nor 
any children supported at a county poor-house or 
orphan asylum, nor any Indian children on reser- 
vations provided with separate schools (vii. 36, 37, 
60 ; ^07, ^9, 605, 608-611), 

Note 1.— As a general rule, if the child whose parents or guardians live 
out of the district is residing, even if temporarily, in the district in good faith 
and not to avoid the payment of tuition, such child should be enumerated ; 
otherwise in the district where its parents or guardians reside. It is for the 
trustee to determine this, after fairly considering the circumstances. Chil- 
dren visiting or boarding are to be enumerated where they permanently 
reside. (1886— Sup't Morrison.) 



38 TRUSTEES : POWERS OF 

Note 2,— Non-resident pupils may be admitted into school upon written 
consent of the trustees upon such terms as the trustees prescribe (vii. 36 ; 603- 
605). When so admitted, the teacher may not refuse to instruct them (fiOh). 

NoTK 3.— Colored children must be admitted, except when in union free 
school districts a separate school has been provided (xv. 28, 29 ; 5iA). 

Note 4.— Fines cannot be imposed upon pupils, and attendance suspend- 
ed till paid {601). 

Suspension and expulsion. — Trustees may expel 
pupils for open, gross immorality manifested by any 
licentious propensities, language, manners, or habits, 
though not manifested by acts of licentiousness, or 
immorality within the school,* or for such violent 
insubordination against reasonable and proper regu- 
lations of the school as to render it imj)ossible to 
maintain necessary discipline and order, or when in 
their judgment the good order and proper govern- 
ment of the school demands it (770). 

Suspension for tardiness. — In 1853, the superinten- 
dent decided that ''teachers have the right to close 
the doors of their school-room against all pupils who 
may claim admission fifteen minutes after the time 
of opening the school " (Decision No. 1G87). Later 
decisions have ruled that the teacher should not 
keep tardy pupils in the entry, especially in cold 
weather {OOS).i 

Note— III Wisconsin, the superintendent decides that " to lock the door 
against tardy pupils, say at ton o'clock, is of doubtful propriety. The 
schoolhouse is a public place. The tardiness may not be the fault of the 
child. It mifrht be a serious discomfort to the child to be turned back home. 
Let the school be made attractive. " And again : " Tardiness is, of coux-se, 
a great annoyance. It is difficult to say how far the courts would sustain 
rules excluding pupils from scliool for being late. It is doubtful M'hether it 

* 38th Mass. Ileport, p. 159. 
,. t See ^Iso lU. 356, 5.53 ; 87 111. 303, 



KULES : ABSENCE AND TARDINESS 39 

is good policy to turn tardy scholars into the street, perhaps to get into 
mischief ; perhaps to suffer from cold, from waiting outside ; certainly to 
lose more time. Persuasion, attractive lessons in the morning, an attractive 
school, privation of recesses, final degradation to a lower class if all fails, 
would perhaps be better remedies."— TFi^. Journal of Ed'n, 18711, p. 125. 

Suspension for absence.— In 1875 the board of 
education of Honiellsville, N. Y., adopted a rule 
that in every case of absence of a pupil for more 
than five days during any term for any other cause 
than sickness or death in the family, or religious 
observance, the absentee should be suspended until 
the beginning of the next term. Its legality being 
questioned, the superintendent replied : 

Under the provisions of the law cited in your letter of the 19th 
inst. , your board of education possesses the power to suspend 
pupils from school for causes which seem to merit such treatment. 
In my judgment, however, it would be unwise to enforce strictly 
the rule referred to in your letter. The object and intention of 
the law is to get pupils into the schools— not to keep them out. 

In another case the same superintendent, Mr. Gil- 
mour, went still further. 

Among the regulations of District No. 2, Elling- 
ton, was this : 

Any scholar absenting himself from any examination or part 
thereof, appointed by the teachers, without necessity duly certi- 
fied beforehand, either by himself or his parent or guardian, shall 
not be admitted to the school afterwards, except by permission 
of the board and the approval of the principal. 

On Feb. 4, 1875, before the written examination, 

the mother of three boys asked by written note that 

they be excused from the last days of the term, and 

withdrew them from the school. On the opening 



40 TRUSTEES : POWERS OF 

of the next term, the three boys were refused admis- 
sion under the above rule, the note not being 
accepted as a sufficient compHance with the regula- 
tion. This was over-ruled by Sup't Gilmour, who 
decided that boards of education have no right to 
make any regulation under which children are 
liable to perpetual exclusion from school for an act 
of the parent {603). 

This view was carried still further under Sup't 
Ruggles. In September, 1884, the St. Johnsville 
board of education established the following rules : 

The principal and teachers of the different rooms may suspend 
pupils under their immediate control for : 1. Three cases of 
absence, unless the absence be caused by personal sickness, or 
serious illness or death in the family, or by some pressing emer- 
gency. But one case of absence can be counted in the same 
day. * * * 

The power of reinstatement shall be limited to the board of 
education or the principal. * * * 

Any pupil suspended for any cause shall not be entitled to any 
privileges of the school until reinstated. 

For four such absences the father of Clarence 
Sanders refused to give any reason ; and on Nov. 5, 
the boy was suspended, and on presenting himself 
at school the next day was refused admission. His 
father appealed to the State department, which on 
March 20, 1885, decided that the boy must be rein- 
stated, on the grounds (1) that the power of suspen- 
sion should not be delegated from the board to a 
teacher ; (2) that to require the parent to state the 
j)articular cause for a child's absence or detention is 



rules: absence and tardiness 41 

not only unnecessarily inquisitorial, but, logically 
carried out, would permit the teacher or trustees to 
pass judgment on the parent's exercise of authority 
over his child. 

This decision (reported in full in the Scliool Bul- 
letin for May, 1885) caused wide and generally un- 
favorable comment. 

Superintendent Draper took a wholly different 
view, and gave to the author of this volume for 
publication a copy of the following letter, showing 
the ground afterward taken by the State depart- 
ment : 

That the school authorities have the power to exclude from the 
benefits of the schools, pupils who refuse to comply with reason- 
able regulations relative to attendance, I have no doubt. I con- 
sider a regulation to the eif ect that a pupil who is absent or tardy 
shall bring his teacher a written excuse from his parent or guard- 
ian, to be entirely proper, and the department will therefore sus- 
tain you in enforcing it. The letter addressed to one of your 
teachers is a highly improper and insulting one. If this parent 
persists in sending his child to school with irregularity and in 
refusing to give any proper excuse for this course, you will be 
justified in excluding the child altogether. 

The schools are surely for the benefit of all and all have com- 
mon rights in them, but these rights must not be abused by any 
individual to the injury of others. If one parent can maintain 
the position which this one assumes, then all can, and if all can 
then the school system is liable to utter over-throw and destruc- 
tion. This of course we cannot concede. You are advised to 
notify the person writing the letter which you enclose to me of 
the contents of this communication ; to receive the child into the 
school if the parent manifests a disposition to comply with the 
law. Otherwise you will be upheld in excluding the child in 
question. 



42 TRUSTEES : POWERS OP 1 

Here is a Missouri decision : 

Suppose rule 11 to be inverted, and instead of reading as it 
now stands sliould read thus : "Any pupil is at liberty to go 
a-fishing during school hours and be absent a half day or a whole 
day and as many days as he pleases,"^ provided he conducts him- 
self decently when in attendance in school." And this is the 
point to which the argument of the plaintiff tends. The pupil, 
it is urged, is at liberty to be absent when he pleases, and such 
absence is a matter solely between him and his parents. But the 
studies in our public schools are, I presume, classified according 
to the ages and advancement of the scholars ; and the continued 
or repeated absence of one of a class not only is injurious to the 
absentee, but if allowed beyond a certain point is calculated to 
demoralize those who attend, and damage the orderly instructions 
of the teacher. Taxes are not collected to pay teachers to sit in 
front of empty benches, or to hunt up truant boys. Such 
absences, when without excuse, are the fault of the parents, 
whose business it is to see that the attendance of their child is 
regular, unless prevented by causes which will, of course, be an 
excuse under the rule now in question.* 

Vaccination. — Trustees and school boards are 
directed and empowered to exclude from the benefits 
of the common schools an}^ child or person who has 
not been vaccinated, until such time when they 
shall become vaccinated. (Chap. xxv. General 
Laws.) 

'NoT^l.— Free vaccination.— When such school board or trustees shall 
adopt a resolution to carry into effect this provision, they shall post in two 
or more public places in the district, at least 10 days' notice thereof, stating 
that due provision has been made for the vaccination of any child or person 
of suitable age who may desire to attend the common school, and whose 
parents or guardians are unable to procure vaccination for them. (Chap. 
xxv. General Laws.) 

Note 2.— Provisions.— The trustees or board may appoint some compe- 
tent physician and fix his compensation to be, with other necessary expen- 
ses, provided in the annual tax bill. 

* 71 Mo. 628. See also 116 Mass, 366 ; 13 Brad. 520. 



RULES : THE COIMPULSORY LAW 43 

It shall be his duty to ascertain the number of children of school age 
who have not been vaccinated, and to furnish a list of the names of such 
to the trustees or school board ; he shall provide himself with good and 
reliable vaccine virus wherewith to vaccinate such as have not been vaccin- 
ated, and to furnish to such certificates of vaccination when required. 
(Chap. XXV. General Laws.) 

The compulsory law passed in 1894 requires that 
(a) every child between 14 and 16 not regularly 
employed, and {h) every child between 8 and 12, 
shall attend school as many days between Oct. 1 and 
June 1 as the public school shall be in session ; and 
that (c) every child between 12 and 14 shall attend 
school upon at least 80 consecutive school days, and 
in addition upon all school days when not usefullv 
employed. 

Note L— Parents or guardians of children between 8 and 16 must cause 
such children to attend school, or give notice to the trustees of their 
inability to do so, under penalty of fine and imprisonment. 

Note 2.— It is made unlawful to employ any child between 8 and 12 dur- 
ing the time the public school is in session ; or to employ any child between 
12 and 14 who does not present a certificate showing that the child has com- 
plied with the law respecting attendance, under penalty of fine. 

Note 3.— Cities and union school districts shall appoint attendance 
oflacers to arrest children between 8 and 16 who are truants, and estab- 
lish truant schools for children between 7 and 16 and confine habitual truants 
therein. 

Note 4. One-half the State moneys may be withheld from any city or 
union school district neglecting to enforce the provisions of this act. But 
as the truant ofiicer and the truant school are essential to its working, not 
much result can be expected from it in country district schools, except so 
fur as Note 1 may be used to persuade parents to enforce their children's 
attendance, and Note 2 to prevent employers from giving work to pupils 
who should be in school. 

{h) Course of Study. — Trustees have the power 
to select the branches to be taught, and to require 
pupils to pursue them {605, 606). 

Note 1.— Pupils must be instructed in physiology and hygiene, with 
special reference to the effects of alcoholic drinks, stimulants, and narcotics 



44 TRUSTEES : POWERS OF ' 

(vii. 47. 11 ; xv. 19). Instruction in manual training may be prescribed 
(xv. 25), and advanced studies may be introduced (621). 

Note 2.— Instruction in free-hand drawing must be given in all cities : 
and in all union school districts unless excused by the superintendent 
(xv. 21). Evening schools for this purpose may be established when directed 
by the city authorities, or by district meeting (xv. 22). Yocal music may be 
taught in cities and in union schools (xv. 23). Kindergartens may be estab- 
lished in cities, or in villages employing a superintendent (xv. 24). 

Text-books. — In district schools, the text-books to be 
used are to be designated at any annual meeeting by 
a two-thirds vote of all the legal voters present and 
voting, and may not be changed within 5 years ex- 
cept by a three-fourths vote of those present and 
voting at an annual meeting. 

In union free schools, the board of education 
adopts the text-books, and no change can be made 
within 5 years of adoption except by a three-fourths 
vote of the board (xv. 9, 10). 

Changing text-books. — Any person superseding a 
text-book adopted for use in any public school by 
the board of education in cities, villages, and union 
free school districts, or in other district schools by a 
two-thirds vote of any annual meeting, within 5 
years thereafter, except on a three-fourths vote of 
such board of education or annual district meeting, 
shall be liable to a penalty of not less than $50 nor 
more than flOO, to be sued for by any tax-payer 
before any justice of the peace for the benefit of the 
district (xv. 11). 

Religious exercises. — In New York it has been uni- 
formly ruled that pupils cannot be compelled to at- 



ilULES : COURSE OF STUDY 45 

tend religious services, and that the law gives no 
authority, as a matter of right, to use any portion of 
the regular school hours in conducting any religious 
exercises at which the attendance of pupils is made 
compulsory (618-622). 

Note 1.— Some places, like the cities of Troy and Kochester, have for- 
bidden any religious exercises. But in most communities opening the 
school with Bible-reading and some form of prayer is considered unobject- 
able and desirable. 

It is the rule of the State department never to interfere in this matter 
unless some one in the community feels sufficiently aggrieved to appeal to 
the superintendent, in which case the law forbidding religious exercises in 
school hours is immediately enforced. 

Note 2.— The practice of the department is the same with regard to the 
drawing of public money by Catholic schools. In some cities and villages, 
schools conducted by Sisters wearing the usual garb of their order are 
admitted under the public school system, the teachers being examined by 
local officers, and drawing pay from the public funds. This the superinten- 
dent permits except where his attention is oflficialiy called to it by regular 
appeal, in which case he is obliged to decide that such are not properly 
public schools and cannot participate in the public money {622-625). 

Note 3.— It has been held that Catholic children could be expelled for 
non-attendance on days when their church compelled attendance upon 
religious exercises ;* and in 1875 a Hebrew girl was expelled from the Sher- 
win school, Boston, for not attending the Saturday sessions. But the mod- 
ern current of decisions is the other way, and trustees are advised to respect 
the religious observances of their pupils so far as the welfare of the school 
permits. 

(c) Conduct of Pupils. — According to decisions 
in New York, the authority of trustees over j^upils 
ceases with the close of school and their departure 
from the school premises (602). 

Note 1.— The rule in other States is generally that the authority of the 
trustees is absolute on the school premises, and concurrent with the parent 
on the road home.t 

Note 2.— A pupil may not be expelled for wearing her hair in a way dis- 
approved of by the trustees (602). 

* 48 Vt. 444. 

t31 la. 568 ; 8 Gush. 160 ; 32 Vt. 114. 



46 TRtJSTEES : POWEHS OF 

(12) Give to teachers for their wages orders on 
the supervisor, or on the collector or the treasurer 
for the public moneys, so far as they are in their 
hands ; and collect the rest of the wages by direct 
tax, but not to exceed four months in advance (vii. 
47.12). 

Note 1.— It is a misdemeanor to ffive an order upon the supervisor, col- 
lector or treasurer unless there shall be on hand sufficient moneys belonging 
to the district to meet the same (vii. 47. 12, 15). 

Note 2.— They may raise this tax even when it has not been voted by the 
district (vii. 47. 12). 

Note 3.— The order can be drawn only in favor of the teacher. If he 
desires to apply the proceeds to the payment of a private debt, for board or 
other consideration, he can endorse it to his creditor, but it is for him and 
not^or the trustees to distribute his wages {hOO, 70U, 707, 708). 

Note 4.— A contract compelling the teacher to board with the trustee 
is null and void {597). 

Note 5.— No order shall be given for wages till the teacher has verified 
the school report (vii. 53 ; A^T). 

Payment of unqualified teacher. — Trustees commit 
a misdemeanor by paying an unqualified teacher 
from the public moneys, or moneys raised by dis- 
trict tax, and any fines, imposed on them shall be 
for the benefit of the schools of the county (vii. 40). 

(13) Divide the public moneys into as many por- 
tions as there are terms, and raise the needed ad- 
ditional tax by terms (vii. 47. 13). 

(14) Draw upon the supervisor, collector, or treas- 
urer for the school and library money (vii. 47. 14). 
•See iii. 4. 1, 2. 

(15) After having paid toward teachers' wages 



PAYMENT OF TEACHERS 47 

the public moneys applicable, raise the rest by tax 
(vii. 47.15; 4,02, iOS). 

Allowance. — In case a district shall have been 
excluded from its share of the public money by 
omitting to make any report (ii. 15), or to comply 
with any other requirements, if it shall be shown to 
the superintendent that such omission was acci- 
dental or excusable, he may make such district an 
equitable allowance (ii. 8). 

Loss of school money. — The loss of any school 
moneys to a district through wilful neglect of duty 
by any school officer, renders such person liable for 
the whole amount with interest (xv. 1). 

(16) Call special meetings, when requested by a 
respectable number of inhabitants {565-568, 58//., 
7^2, 7^3). 

(17) Sue for and recover any moneys in the hands 
of any former trustees and apply the same to the use 
of the district (vii. 58). 

(19) Outbuildi7igs.— They shall provide at least two 
suitable water-closets or privies for every school under 
their charge, entirely separated from each other, and 
having separate means of access ; the approaches 
thereto shall be separated by a substantial close 
fence not less than 7 feet in height (vii. 48 ; 269). 

Note 1.— It is the duty of such officers to keep these buildings in a clean 
and wholesome condition ; and if they fail to comply with these require- 
ments, it shall be sufficient ground for their removal from oflSce, and the 
withholding from the district of any share of the public money (vii. 48). 



48 TRUSTEES : POWERS OF 

Note 2. — Any tax to provide for the expenses thereof may be levied 
without a vote of the district when such expense shall have been approved 
by the school commissioner (vii. 48). The expense for the erection of neces- 
sary out-buildings when the district is unprovided.with them, and the com- 
missioner or superintendent has directed that they be built, is limited after- 
ward to $50 (vii. 50). But no limit is placed to the expenditure to abate 
nuisances under direction of the commissioner (vii. 50), 

(19) Purchase of apparatus. — Trustees may expend, 
without a vote of the district, a sum not to exceed 
$50 a year for necessary and proper repairs of tlie 
schoolhouse ; and a sum not to exceed $25 a year 
for a dictionary, maps, globes and otlier school 
apparatus (vii. 50 ; 193). 

Note. — Trustees may also provide fuel, stoves, or other heating_appa- 
ratus, pails, brooms, etc., when not voted by the district (vii. 50). 

(20) Libraries. — The trustees shall appoint a 
teacher of the schools under their charge as libra- 
rian, who with the trustees shall be responsible for 
the safety and proper care of the books, and make 
such reports as the superintendent requires (xiii. 2). 

Note.— Any books or other library property which have not been in 
direct charge of a librarian duly appointed within one year may be taken 
and shall be hereafter owned by any public library under State supervision 
which has received permission from the regents (xiii. 6). 

No portion of the library money (see page 11) 
shall be expended except for books approved by the 
superintendent : which shall consist of (a) reference 
books for use in the schoolroom ; (h) suitable suj)- 
plementary reading books for children ; (c) books 
relating to branches being j^ursued in the school ; 
or (d) pedagogic books as aids to teachers (xiii. 1). 

Note 1,— All districts may raise money by tax for their libraries, or 
receive gifts or bequests to maintain them (xiii. 4). 



LIBRAKlES 40 

Note 2.— It is not necessary that the approval of the superintendent be 
secured before the purchase of the books, but the books must be sucli that 
he is likely to approve of. A list of suitable books may be obtained from 
the publisher of this volume. 

Tlie library is to be a part of the school equip- 
ment and kept iu the school building at all times ; 
but teachers, school officers, and pu^Dils may borrow 
not more than one at a time of the volumes not 
needed for reference, and keep the same not to ex- 
ceed two weeks (xiii. 2). 

Note.— The board of education in a city or union free school district, or 
the school meeting in an ordinaiy district may give all its books to any 
township or other free public library under State supervision, provided it is 
free to such city or district (xiii. 5). 

(21) Branch schools. — Whenever necessary, the 
trustees may open branch schools at the expense of 
tlie district (vii. 50 ; S98). 

(22) Contracts with city schools. — Trustees may be 
empowered by majority vote of the district to make 
written contract with the board of education of an 
^adjoining city or village of not less than 6,000 in- 
habitants to j)ermit the children of such district to 
be taught in the schools of such city, and such dis- 
trict shall receive its district quota (xv. 14). 

(23) Records. — The trustees shall keep in a blank 
book a record of all movable ]3roperty belonging to 
the district, and their accounts of moneys received 
and expended. In another the teachers shall keep a 
record of all the pupils attending school, their ages, 
etc., and until the teacher has verified the entries by 



50 UNION ¥RKK SCHOOLS 

oath the trustees shall not give an order for wages 
(vii. 53 ; 4.^7). 

Payment to themselves. — Trustees cannot receive 
pay for their services as trustees {7S0) and must not 
employ themselves as teachers (7^^, 76S). They 
may receive pay for services as workmen for the dis- 
trict {74^0), but should submit to the district meeting 
the allowance for such services {7S2) or for any 
material furnished by them {750). They may em- 
ploy a person to do the clerical work in making out 
the tax-list {756). 

(24) Reports. — Shall, on the 1st day of August in 
each year, make in writing a report to the school com- 
missioner, and deliver the same to the town clerk 
(vii. 59 ; W3-215, 763). Shall also once a year make 
full reports to the district (vii. 53, 55 ; 203-215, 763), 
and when their office expires pay to their successors 
all unexpended district moneys (vii. 56). 

Failure to r)%ahe report. — Any trustee refusing or 
neoiectiup- to render an annual account of monevs 
received and paid shall forfeit any unexj^ired term 
of office, and become liable to the trustees for any 
district moneys in his hands (vii. 57). 

UNION FREE SCHOOLS 

Establishment. — AVhen 15 persons entitled to vote 
at any district meeting shall sign a call for a meet- 
ino: to determine the establishment of a union free 
school in the district, it shall be the duty of the trus- 



FORMATION" 51 

tees AAatliiii 10 days after the call shall be presented 
to them to give such public notice as is required by 
law that a meeting of the inhabitants will be held 
for such pur2:)ose at a suitable place, and at a time 
not less than 20 nor more than 30 days thereafter 
(viii. 1). 

Union meeting. — When 15 such persons from each 
of two or more adjoining districts, shall unite in a 
call for a ijieeting of the inhabitants of such districts, 
to determine whether the districts shall be consoli- 
dated by the establishment of a union free school 
therein, it shall be the duty of the trustees of those 
districts, or a majority of them, to give the notice as 
'above for a meeting to be held within the districts 
at some convenient place (viii. 4 ; 776-780). 

Note 1.— When such district corresponds wholly or in part with an incor- 
porated village, the notice shall be published once a week for 3 consecutive 
weeks before the meetinj? in all the newspapers in the district, and at least 
5 copies shall be posted conspicuously in said district 20 days prior to the 
meeting (viii. 2). 

Note 2.— In other districts the notice shall be thus posted, and the trus- 
tees shall require some taxable inhabitant to notify every other taxable 
inhabitant (viii. 2). 

Note 3.— The expense of tliese notices shall be borne by the district if 
the union free school is established, but if not, by the inhabitants signing the 
call (^^ii. 3). 

Note 4.— The qualifications of votei-s are the same as at district meetings 
(vii. 11 ; viii. 8. See page 20.) 

Note 5.— When one or more disti-icts adjoin a xinion free school district 
whose limits do not correspond with those of an incorporated village or city, 
the commissioner may upon written consent of the trustees of all the dis- 
tricts affected dissolve sucli district or districts, and annex the territory to 
the union free school district (viii. 30). 

Election of trustees. — Whenever any such meeting, 
or any adjournment thereof for a i3eriod not longer 



52 UNION FREE SCHOOLS' 

tlian 10 days from a previous meeting, at which not 
less than 15 persons entitled to vote thereat shall, by 
the affirmative vote of a majority present and voting, 
determine to establish a union free school in said 
district, it shall be lawful for such meeting to pro- 
ceed to the election by ballot of not less than 3 nor 
more than 9 trustees, in place of the existing trus- 
tees, whose terms shall cease when the others assume 
office, for a board of education (viii. 5). 

Note 1.— Copies of the call for, and the minutes of meetings, duly certi- 
fied by the chairman and secretary thereof, shall be by them transmitted 
to and deposited witlx the town clerk, the school commissioner, and the 
superintendent, respectively (viii. 5). 

Note 2.— If it shall be decided not to establish a union free school, no 
other meeting for such purpose shall be called witluTi a year thereafter. 
Nor shall a union free school district thus formed be dissolved within the 
period of one year from the first Tuesday of August following such meeting 
(viii. 5). For proceedings for dissolution, see viii. 33-42. 

Note 3.— Neither a supervisor nor a school commissioner may be a mem- 
ber of a board of education, and a member elected to either of these offices 
vacates his office as a member (viii. 5). Compare vii. 22. 

Note 4. — The trustees so elected shall be, by order of such meeting, 
divided into three classes to serve one, two, and three years respectively 
(viii. 9). 

Note 5.— When the limits of such constituted district correspond with 
those of any incorporated city or village, their term of service shall be com- 
puted from the date of the next charter election in such city or village, and 
new members shall be elected at such annual elections thereafter, in place 
of those whose terms expire (viii. 6). In other districts their term of service 
shall be completed the first Tuesday of August following (viii. .5 ; 709). 

Change in ommber of members. — The qualified 
voters may determine by a majority vote to increase 
or diminish the number of members of the board 
of education, but no board shall consist of fewer 
than 3 or more than 9 members (viii. 31). 

Dissolution. — It shall be the duty of the board of 



DISSOLUTION 53 

education of any union free school district, estab- 
lished not less than one year (viii. 5), upon the ap- 
plication of 15 resident taxpayers of the district, to 
call a special meeting, in the manner prescribed by 
law, for the purpose of determining whether applica- 
tion shall be made for the dissolution of such dis- 
trict, and its reorganization as a common school 
district or districts (viii. 32). 

Note l.—Ee-division into districts.— If such dissolved district shall have 
been established by the consolidation of two or nioi-e districts, it shall be 
lawful for the commissioner to direct that its territory be divided to corre- 
spond as far as practicable, with the districts that were consolidated (viii. 34). 

Note 2.— Time for anmial meeting,— TYie annual meeting shall be held in 
the district or districts, after the dissolution, on the first Tuesday of August^ 
and officers shall be elected as required by law (viii. 38). 

Note Z.—Beport to svperhitendent— It shall be the duty of the board of 
education of the district affected forthwith to furnish the superintendent cop- 
ies of the call, notice, proceedings of the meeting, and proceedings of the 
commissioner taken thereon (viii. 40). 

Note 4.—JSrot to be repeated tcithln 3 years.— Whenever, at such meeting, 
it shall be determined by a majority vote not to dissolve such district, or if 
tlie school commissioner shall not approve the proceedings of such meethig, 
no other meeting for a similar purpose shall be held in the district within 3 
years from the time the first meeting was held (viii. 33, 39), 

Notice to commissioner. — If it shall be determined 
by a two-thirds vote of the legal voters, as above, to 
dissolve such district, it shall be the duty of the 
board of education to present to the school commis- 
sioner a certified copy of the call, notice, and pro- 
ceedings. If he shall approve of the proceedings 
of such meeting, he shall certify the same to the 
board of education ; and on the day preceding the 
first Tuesday of August next thereafter such district 
shall cease to be a union free school district (viii. 33). 



54 UNION FREE SCHOOLS 

Annual meeting. — The annual school meeting of a 
union free school district when limits do not corre- 
spond with those of an incorporated village or city 
shall be on the first Tuesday of August (viii. 1 3). In 
districts whose limits correspond with those of an 
incorported village, the election shall be by separate 
ballot at the charter election (viii. 6). 

Note 1,— The meeting has the right to choose its own chairman (7S4). 

Note 2.— Meetings of the board of education.— la. either ease, the annual 
meeting of the new board of education for organization sliall be on tho 
Tuesday following the election (viii. 13), and there must be regular meetings 
at least four times a year (viii. 23). Such meetings are open to tlie public, 
but executive sessions may be held open only to the board and persons in- 
vited to be present (viii. 22). 

Cleric. — There shall be elected at each annual 
meeting a clerk of the district and of the board of 
education (776). He must be a qualified voter of 
the district, not a trustee or a teacher employed in 
the district (viii. 7), and able to read and write 
(viii. 8). 

Note l.— This section does not affect the towns of Cortlandt and White 
Plains, in Westchester county (viii. 42). 

Note 2.— In case the annual meeting fails to elect, the board of educa- 
tion sliall appoint one of their own number to act as clerk (viii 7). 

Note 3.— The board have power also to appoint one of the taxable 
inhabitants of the district treasurer, and anotlier as collector of the moneys 
raised, to hold office during the pleasure of tlie board ; each shall execute 
and deliver a boncj to tlie board, of a sufficient security, ■\vithin 10 days after 
written notice of his appointment shall have been duly served upon him 
(viii. 7 ; 769, 770, 77 1). 

Powers of a board of education. — The board 
of education is : 

(1) To adopt by-laws and rules for its own govern- 
ment (viii. 15. 1). 



POWERS OF BOARD OF EDUCATION 55 

Trustees have this power by impHcation. 

(2) To estabUsh such rules and regulations con- 
cerning the order and discipline of the schools as 
they may deem necessary to secure the best educa- 
tional results (viii. 15. 2). 

Here their powers are the same as those of trus- 
tees. See pages 37-45. 

(3) To prescribe the course of study, and regulate 
the admission and transfer of pupils (viii. 15. 3 ; 
28). 

These are the powers of trustees. See pages 43- 
45 ; 37, 38, 

Note 1.— The board of education adopts the text-books, however, while 
trustees must refer the matter to the district meeting. See page 44. 

Note 2.— Colored children.— In cities and incorporated villages, and in 
union schools or schools under special act when authorized by district vote, 
the board may establish separate schools for colored children (xv. 28-30 ; 51U). 

(4) To prescribe the text-books used, and compel 
uniformity in the use of the same ; and to furnish 
the same to pupils out of any moneys j)rovided for 
the purpose (viii. 15. 4). 

In ordinary districts the school meeting' adopts 
the text-books; in union free school districts, this 
power is vested in the board of education (7^7). See 
page 44. 

In ordinary districts text-books can be furnished 
only to indigent pupils. See page 23. In union 
free school districts they may be furnished to all 
pupils if the district provides the money. 

(5) To make provision for the instruction of pupils 



56 UNION FREE SCHOOLS 

in physiology and hygiene with reference to the 
effects of stimulants and narcotics (viii. 15. 6). 

This is also required of trustees. See page 43. 

(6) (a) To purchase sites as designated by a dis- 
trict meeting (ix. 5) ; (h) to construct such school- 
houses as may be designated ; (c) to purchase furni- 
ture and apj)aratus ; (d) to keep the schoolhouse and 
furniture in repair ; (e) to hire rooms for the school 
when needed ; (/) to insure the schoolhouse and 
contents (viii. 15. 6). 

{a, b) To purchase sites and construct schoolhouses. 
— Here the duties of the board are the same as those 
of trustees. See page 32. 

Note.— 7/i cities of more than 30,000, except in the city of Brooklyn (ix. 4), 
It shall not be lawful under the " condemnation law " (title 1, of chapter 23, 
of the Code of Civil Procedure) to acquire less tlian the whole of any city 
or village lot ; or any premises occupied as a homestead without consent of 
the owner ; or beyond the corporate limits of the city any garden or orchard 
or manufacturing establishment without consent of the owner (ix. 2). 

Villages and cities. — In incorporated cities and 
villages, the corporate authorities shall from time to 
time raise by tax such sums as are set forth in a 
written statement in detail, and declared by the 
board of education to be necessary, for purposes of 
anticipated expenditures ; and such authorities have 
no power to withhold the sums declared to be neces- 
sary for teachers' wages and the ordinary contingent 
expenses of the school. Tliey shall also raise such 
further sums as may liave been voted at tlie district 
meeting for sites, buildings, and apparatus (viii. 9), 



POWERS OF BOARD OF EDUCATION 57 

Districts not villages. — In districts whose limits do 
not correspond with those of an incorporated city or 
village, a majority of the voters present at any 
annual or special district meeting, properly called, 
may authorize such acts and vote such taxes as they 
shall deem expedient for the support and welfare of 
the school (viii. 9). 

In union free school districts the commissioner's 
approval of the tax or of the plan of ventilation is 
not required (783). See page 23 (8), Note 1. There 
is no limit to the amount that may be raised (782, 
783). 

Note 1.— No addition to or change of site or purchase of a new site, or 
tax for the purchase of any new site or structure, or for the purchase of an 
addition to the site of any schoolhouse, or for building any new school- 
house, or for the erection of an addition to any schoolhouse, shall be voted 
by such meeting unless a notice by the board of education stating that such 
tax will be proposed and specifying the amount and object thereof, shall 
have been published each week for the four weeks next preceding the 
meeting in two newspapers published in the district, or in one paper if there 
be but one published ; if no newspaper be published in the district, the said 
notice shall be posted in at least 10 of the most public places in the district 
for 20 days before the meeting (viii. 9). 

Note 2.— No vote to raise money shall be rescinded, nor the amount 
thereof be reduced, unless the same be done within 10 days after the sum 
has been first voted (viii. 9). 

Note 3.— The money so voted may be levied in one sum or by instal- 
ments. When by instalments the corporate authorities are authorized to 
borrow so much as may be necessary at a rate of interest not exceeding 6 
per cent (vii. 9). 

Note 4.— All moneys for teachers' wages, after the due application of 
the school moneys thereto, shall be raised by tax (viii. 11). 

(c) To purchase fiirniture and apparatus. — In ordi- 
nary districts, the expenditure of the trustees with- 
out vote of the district is limited to $25 for apparatus, 
^ee page 48, 



58 UNION FREE SCHOOLS 

(d) To keep the schoolhouse and furniture in repair. 
— In ordinary districts, the expenditure of the trus- 
tees without vote of the district is limited to $50. 
See page 48. In union free school districts there is 
no limit. 

Note.— This does not however authorize material additions to the school 
property, or the adoption of an expensive system of heating or ventilation 
(776), which should be by vote of the district. 

(e) To hire rooms for the school when needed. — Trus- 
tees have the same authority. See page 48. 

(/) To insure the schoolhouse and contents. — Trus- 
tees have the same power, if the district neglects to 
authorize it. See page 33. 

(7) To hold the property of the district in charge 
(viii. 15. 7). 

Trustees have the same power. See page 32. 

(8) To sell property of the district, when author- 
ized by vote (viii. 15. 8). 

Trustees have the same authority (vii. 20). See 
page 32. 

(9) To take and hold any gift or legacy to the 
district (viii. 15. 9). 

In ordinary districts this is one of the duties of 
the supervisor (593). 

(10) (a) To have the superintendence, manage- 
ment, and control of the school ; {h) io establish in 
the same an academical department when warranted, 
or, when authorized by the district, to adopt an es- 
tablished academy as the academic department (viii. 



ACADEMIC DEPARTMENTS 59 

27) ; (c) to receive non-resident pupils, and establish 
tuition-fees ; (d) to provide fuel, furniture, and other 
necessaries for the school ; and (e) to appoint librari- 
ans (viii. 15. 10). 

(a) To have the superintendence, management, and 
control of the school — This is identical with the 
power of trustees to establish rules and regulations. 
See pages 37-45. 

(5) To establish an academic department — (viii. 27). 
This is a power denied to ordinary districts {771). 

Requirements. — Such academic department shall 
be under visitation of the regents, and subject in its 
course of education and matters pertaining thereto 
to their rules (viii. 26). 

Grading of schools. — The following system of grad- 
ing has been adopted by the regents. 

(1) The name high school shall be limited to 
schools giving a full four-year course, and supported 
by taxation, and the name acac^em?/ to schools giving 
a similar course, not so supported. 

(2) The academic departments of public schools 
giving less than a four-year course shall be graded 
as junior, middle and senior schools, according as 
they give one, two or three-jear academic courses. 

Note.— Schools not supported by taxation and giving academic courses 
of less than four years shall be similarly graded as Junior, middle and senior 
academic schools. 

(3) Such schools shall be admitted on a minimum 
of $200, $300, or $400 respectively for books, and 



60 UNION FREE SCHOOLS 

on the provision of such, apparatus as is required 
for teaching the subjects in the courses adopted. 

Note 1.— Only full years shall be counted in grading. 

Note 2.— The grade shall be determined not by courses offered in the 
catalogue, but by instruction really given to one or more students during 
the course. Studies may be counted if each student during his course has 
full opportunity to take them, though not given each year. 

Note 3.— No school shall be admitted to the university unless its course 
of instruction includes at least 12 counts or one full year of academic work. 

Note 4.— Secondary schools of the university shall be classified by this 
system on their own report of instruction for the present year, and this 
grading shall be revised by the inspectors at each visit. Every school below 
junior grade shall be notified that it will be dropped from the university 
roll if it does not meet the minimum conditions by January 1, 1896. 

Note 5.— Each junior school shall be at liberty to select for its course 
any 12 academic counts covered by the regents' examinations. 

ForifYh of application, — The following is the form 
prescribed : 

To the regents of the Uni'oersity of the State of New York : 

The undersigned, the board of education of the union school 

of -.- , county of , respectfully represent : 

That said union school has been established under the provis- 
ions of chapter 555 of the laws of 1864 ; that an academic depart- 
ment has been organized and is in operation in said school ; and 
that the said academic department occupies the building appro- 
priated to said school [or a separate building provided for its use] ; 
that a suitable library and apparatus have been provided, as 
shown by the following description of grounds and buildings, and 
list of library and apparatus. [Give as directed in form fur- 
nished by the regents on application.'] 

Therefore the undersigned hereby ask the regents to admit the 
said academic department to the University of the State of New 
York, according to the provisions of law. [To he signed ly the 
rmmbers of the hoard of education ] 

Procedure. — As soon as practicable, any institution 
making application for admission will be yisited by 



Admission tjnbeu visit atioit of regents 61 

a regents' inspector, who will examine its equip- 
ment and advise with its officers as to plans for the 
future. Applications for charters or certificates of 
admission can, however, be forwarded at any time 
either before or after the inspector's visit and will, 
unless there be a special reason to the contrary, be 
acted on by the regents at their next meeting. If 
favorably considered, a certificate of admission will 
be granted. 

Adoption of existing academy. — When an academy 
exists within a union free school district, the board 
of education may if authorized by a vote of the dis- 
trict, and with the consent of the trustees of the 
academy, adopt such academy as the academic de- 
partment of the district. The board may lease such 
academy and site, and maintain an academic de- 
partment therein (viii. 27). 

Note.— If a union school district which has adopted an academy as an 
academic department be dissolved, the academy shall upon application of 
a majority of the surviving trustees or stockholders be transferred to them 
(viii. 35). 

Begistration. — The regents will authorize the in- 
spection of any school of academic or higher grade 
which shall a23ply for the same, and which shall ]3ay 
the total cost to the University of the inspector's 
time and travelling expenses. 

The academic fund. — The sum of $12,000 from the 
income of the literature fund, f 34,000 from that of 
the U. S. deposit fund, and |6 0,000 from the gen- 
eral fund is annually paid for the benefit of acade- 



62 TJNIOK FREE SCHOOLS 

mies, according to apportionment made by regents' 
examinations held in such academies. {Chap. 378^ 
laws of 1892.) 

Note 1.— Of the $106,000 thus apportioned, $60,000 from the general 
fund may be used only for the academic departments of union schools. 

Note 2.— Provisional examinations. — On evidence satisfactory to the office, 
preferably the recommendation of a regents' inspector, that the best educar- 
tional interests of a school demand it, the privilege of taking regents' 
examinations for a period not to exceed one year is sometimes granted pro- 
visionally while the school authorities are completing the requirements 
necessary for full admission. 

Certificates of diplomas earned at examinations provisionally granted 
as above do not draw money from the academic fund unless the school at 
which they are earned is admitted to the University before the apportion- 
ment of the academic fund is made for that year. 

Note 3. — The moneys apportioned to common school districts must be 
applied to the departments below the academical ; and all moneys from the 
literature fund or otherwise appropriated for the academical department, to 
the latter (viii. 23). 

Reports. — The regents shall require of each aca- 
demic department an annual report giving informa- 
tion concerning trustees, faculty, students, instruc- 
tion, equipment, methods, and operations, etc. 

Note.— For refusal to neglect to make this report, the regents may sus- 
pend its charter, or any of its rights and privileges. 

Teachers^ classes. — Such academies and union 
schools as are designated by the superintendent may 
instruct teachers' classes of not less than 10 or more 
than 25, for terms of not less than 16 weeks. For 
each such scholar the school shall receive f 1.00 for 
each week's instruction (xi. 3). 

Note 1.— The schools shall be chosen by the superintendent so as to dis- 
tribute them among the commissioner districts, having reference to the 
number of school districts in each, and the location and character of the 
institutions (xi. 3), 

Note 2.— The instruction must be fi-ee to the pupils in the class (xi. 4). 



TEACHERS^ CLASSES 63 

KoTE 3.— The superintendent shall prescribe the conditions of admis- 
sion, the coui'se of instruction, the rules and regulations under which it 
shall be given, the number of classes in a year, and the length of time 
exceeding 16 weeks during which instruction may be given (xi. 3). 

Note 4.— At the close of the term, the commissioner shall examine said 
classes, and issue teachers' certificates to such as prove worthy (xi. 7). 

(c) To receive non-resident pupils, — Trustees also 
have this power. See page 38. 

{d) To provide fuel, furniture and other necessaries. 
— In ordinary districts, the expenditure of trustees 
without vote of the district is limited to the pur- 
chase of "fuel, stoves or other heating apparatus, 
pails, brooms and other implements necessary to 
keep the schoolhouse or houses and the school-room 
or rooms clean and to make them reasonably com- 
fortable for use, w^hen no provision therefor has been 
made by a vote by the district, or the sum voted by 
the district for said purpose shall have proved insuf- 
ficent" (vii. 60). See page 48. The purchase of 
furniture by boards of education is already author- 
ized by 6 (c), page 57. 

(e) To appoint librarians. — Trustees have this 
power. See page 48. 

(11) To employ by written contract, and to pay 
qualified teachers by written contract (viii. 15, 11). 
This power is the same as that of trustees. See 
pages 33-37. 

Note.— The contract is subject to the rules established by the board 
(77U). 

(12) To fill any vacancies in the board (viii. 15. 
12 ; 766, 770). 



64 UNION FREE SCHOOLS. 

In ordinary districts vacancies are filled by the 
district meeting, or by the commissioner. See page 
29. 

(13) To remove a member of the board for official 
misconduct (viii. 15. 13 ; 768, 770). 

In ordinary districts, only the superintendent can 
remove a trustee. See page 29. 

Note.— The superintendent may remove any member of a board, for 
cause shown and after given opportunity for defence. Wilful violation or 
neglect of duty is cause for removal (viii. 29). 

(14) To provide for the school at least two water- 
closets, entirely separated and with separate means 
of access (viii. 15. 14). 

Trustees have this power, but it nmst be exercised 
under direction of the commissioner, and the amount 
must not exceed $50. See pages 47, 48. 

(15) To build outside stairways on buildings more 
than two stories high (viii. 15. 15). 

This is also required of trustees. See page 31. 

(16) If the population of the district is more than 
5,000, and if it is thought advisable, to appoint a 
superintendent (viii. 17). See page 18. 

Trustees of a large district school might appoint 
head teacher and call him superintendent ; but he 
would not draw the f 800 ; and he would have to 
hold a teacher's certificate, which is not required of 
city and village superintendents. 

(17) To keep an accurate record of its proceedings 
in books open to public inspection (viii. 18). 



TAXATIOK 65 

This is also required of trustees. See page 49. 

(18) To publish each year 20 days before the 
annual meeting in at least one newspaper of the dis- 
trict a detailed account of all moneys received and 
expended (viii. 18). 

This is not required of trustees. 

(19) To appoint committees to visit all schools at 
least twice in each quarter, and report at the next 
regular meeting (viii. 22). 

This is not required of trustees. 

(20) To appoint an attendance officer for the ar- 
rest of truants ( Chap. 671, laws of 189 i). See page 43. 

Note— They may establish schools or set apart separate rooms for 
truant schools {Cha^. 671, laws of 1S9U). 

(21) Drawing. — To cause free instruction to be 
given in free-hand or industrial drawing, unless ex- 
cused by the superintendent (xv. 21). 

This is not required of trustees, though it is of 
course permitted. See page 43. 

Note.— Boards are also authorized to maintain evening schools for in- 
struction in industrial drawing, whenever the city authorizes in a city, or the 
district meeting in other union free school districts, shall so vote, for which 
purpose additional power to raise money for this purpose is conferred 
(XV. 22). 

(22) Vocal music. — Boards may cause free instruc- 
tion to be given in vocal music (xv. 23). 

Trustees no doubt have the same power under 
their general control of the course of study (page 
43) ; but this is a special authorization, meant to 
encourage the study of music. 



66 UNION PREE SCHOOLS 

(23) Kindergartens. — Boards may establish and 
maintain one or more kindergarten schools (xv. 24). 

Trustees have no such power. See page 44. 

Note 1.— No child under 4 years may be admitted, and the board may 
fix the highest limit of age. Children under 5 years shall be reported sep- 
arately, and shall not be counted in distributing the public moneys (xv. 24). 

Note 2.— All teachers employed in these kindergartens must be licensed 
like other teachers (see page 33) ; and are counted in the district quotas (see 
page 10). 

(24) Industrial training. — Boards may maintain 
departments of industrial training ; and purchase 
such outfit and employ such teachers as may be 
authorized by the city authorities or district meet- 
ing (xv. 25). 

Trustees have the same power. See page 44. 

(25) Colored children. — Boards in any city or 
incorporated village, and other union free schools 
when authorized by district meeting, may establish 
separate but equal schools for children of African 
descent (xv. 28, 29). 

Trustees have no such power. See page 38. 

(26) Orphan asylums. — The schools of the incor- 
porated orphan asylum societies, except in the city 
of New York, shall participate in the public moneys, 
and shall be subject to the rules and regulations of 
the school authorities in their respective districts, 
but shall remain under the immediate management 
and direction of the said societies (xv. 32). 

(27) Arbor day. — It shall be the duty of the 
authorities of every public school to assemble the 



TAXATION" 67 

scholars on the Friday following the 1st day of May, 
to conduct such exercises as shall tend to encourage 
the pli^nting, protection, and preservation of trees 
and shrubs (xv. 45). 

Note— Pamphlets containing a course of exercises and instruction are 
published and distributed annually by the superintendent (xv. 46). 

(28) To keep within the appropriation in all ex- 
penditures (viii. 23). 

Note.— In the union schools of cities or incorporated villages, all moneys 
appropriated or raised by tax are to be paid into the city or village treasury, 
and kept distinct ; and no money can be drawn from these funds except by 
resolution of the board, and by drafts signed by the president and counter- 
signed by the secretary or clerk stating on their face the purpose for which 
they are issued (viii. 24). 

Note 2.— In other union schools, the said funds shall be paid to the 
treasurers of the boards of education, and money drawn only by resolution 
and draft as in Note 1. In these districts, the boards shall annually render 
to the school commissioner accounts of all moneys received and expended, 
with every voucher, and certified copies of every order of the board 
(viii. 25). 

Estimate of money required. — At the annual meet- 
ing of the district, the board shall present, besides 
any other report or statement required by law, a 
detailed statement in waiting of the amount of 
money required for the ensuing year for school pur- 
poses, exclusive of the public moneys, specifying the 
several purposes for which it will be required and 
the amount of each. When demanded by any voter 
present, the question of voting the necessary taxes 
shall be taxed upon each item separately, and the 
inhabitants nlay increase or reduce any estimated 
expenditures, except those /or teachers' wages and 
the ordinary contingent expenses of the school (viii. 
18, 19). Compare report of trustees, page 60. 



68 UNION' FREE SCHOOLS 

Taxation without vote. — If the inhabitants shall neg- 
lect or refuse to vote the sums estimated necessary 
for teachers' wages after applying thereto the public 
moneys, and the moneys received or to be received 
for that purpose, or shall refuse or neglect to vote 
the sums estimated necessary for contingent expenses, 
the board may levy a tax for the same in like man- 
ner as if it had been voted by the inhabitants (viii. 
20). 

Trustees have power - to levy tax for teachers' 
wages, but not for the contingent expenses of the 
school except within the limits already specified for 
insurance, fuel, repairs, etc. See pages 33, 47, 48. 

Note.— The board may not levy this tax unless the limit has been pre- 
sented at an annual or special meeting, and the inhabitants have neglected 
or refuse to vote it (J83). 

(29) To exercise, except as specially provided for 
above, all the powers and duties of school trustees 
(ix. 3 ; 768) ; and whenever an academic depart- 
ment is established, of trustees of academies (viii. 
16 ; chap. 378, laws of 1892). 

District and union free schools compared. — 

The principal differences between district and union 

free schools may be summarized as follows : 

(a) Powers exercised ly trustees wWi restriction ; hy hoards of 
education witliout restriction. 

1. To purchase apparatus. Pages 48, 57. 

2. To repair schoolhouses and furniture. Pages 48, 58. 

3. To provide fuel, furniture, and other necessaries. Pages 
48, 63. 



DISTRICT AND UNION SCHOOLS COMPARED 69 

4. To build outhouses. Pages 47, 48, 64. 

(b) Powers exercised in ordinary districts by tlie district meeting; 
in union free scliool districts by the board of education. 

1. To prescribe text-books. Pages 44, 55. 

2. To purchase furniture. Pages 48, 57, 63. 

3. To turn over the library to a public library. Page 49. 

4. To fill vacancies in the board. Pages 29, 63. 

5. To waive relationship of teacher to trustee. Page 34. 

(c) Powers exercised by boards of education that do not exist in 
ordinary districts. 

1. To hold gifts and legacies. Page 58. 

2. To remove members of the board. Pages 29, 64. 

3. To appoint a superintendent. Pages 18, 64. 

4. To publish an annual financial statement in a newspaper. 
Page 65. 

5. To appoint visiting committees. Page 65. 

6. To levy without vote of district a tax for contingent ex- 
penses. Pages 33, 47, 48, 56, 66. 

7. To appoint an attendance officer. Pages 43, 65. 

8. To establish truant schools. Pages 43, 65. 

9. To establish kindergartens. Pages 44, 67. 

{d) Powers of the school-meeting in union free school districts that 
do not exist in ordinary districts. 

1. To provide free text-books. Pages 23, 55. 

2. To vote a tax for a schoolhouse without limit or approval 
of commissioner. Pages 31, 57. 

3. To establish an academical department. Page 59. 

4. To raise money for evening drawing-schools. Page 67. 

5. To establish separate schools for colored children. Pages 
38, 66. 

(30) To make on Aug. 1 of each year and deposit 
in the town clerk's office a report to the commis- 
sioner of all matters on which trustees are required 
to report (see page 49), and on such other matters as 
the superintendent may require (yiii. 28 ; 769). 



70 NORMAL SCHOOLS 

Note.— Every union school is subject to the visitation of the superinten- 
dent, who has general supervision over the board of education and the 
management and conduct of the departments of instruction. He may at 
any time require of the board a report upon any particular matter (viii. 28). 
Wilful disodedience of any lavv^ful requirement of the superintendent Is 
cause for removal (viii. 29). Any person may appeal to the superintendent 
against the action of any special meeting or the order of a commissioner 
altering or dissolving a union free school district (viii. 41). 

NORMAL SCHOOLS 

New State normal schools are now established 
only by vote of the legislature. 

Local hoards. — The immediate supervision and 
management of each normal school, subject to the 
general supervision and direction of the superin- 
dent, is vested in its local board, the members of 
which are appointed by the superintendent for life, 
subject only to removal by the concurrent action of 
the superintendent and of the chancellor of the 
university of the State of New York. 

Management. — These boards (a) make the rules 
and regulations ; {h) make annual reports to the leg- 
islature on Jan. 1 ; (c) prescribe the course of in- 
struction ; and {d) employ the teachers : their action 
being in all these matters subject to the approval of 
the superintendent. 

Note.— The superintendent determines how many teachers shall be em- 
ployed, and their salaries. 

Course of Study. — Normal schools must give in- 
struction (a) in physiology and hygiene, with special 
reference to the effects of alcoholic drinks, stimu- 
lants^ and narcotics (xv. 19) ; (b) in industrial and 



ACADEMIC DEPARTMENTS 71 

free-hand drawing (xv. 21) ; (c) in vocal music (xv. 
23) ; {d) in industrial training so far as prescribed by 
the superintendent and their local boards (xv. 27) ; 

They are entitled to receive from the American 
Museum of Natural History, at least one illustrated 
lecture every year, and such appliances, plates, and 
apparatus as may be necessary for proper instruc- 
tion in natural history (Chap. 428, laws of 1886 ; 
chap. 6, laws of 1893). 

Pupils. — The statute provides for proportionate 
representation of the counties, but in practice any 
pupil in the State may select which normal school 
he wdll attend. They are admitted upon recom- 
mendation of a school commissioner or city super- 
intendent, approved by the superintendent, and up- 
on passing an examination. 

Note.— The examination questions from 1887 to 1892 are published in 
" The New York Question Book ", with " Supplement No. 1 " and " Supple- 
ment No. 2." 

Expenses.-— Tu^ih are entitled to all the privileges 
of the school, free from charges for tuition, or for 
the use of books or apparatus. 

Note 1.— Pupils not residents of the State must pay tuition. 
Note 2.— The pupil's railroad fare from home to the school one way 
each term is paid by the State. 

Academic departments.' — Normal schools cannot re- 
ceive into their academic departments any pupil 
not a resident of the territory for the benefit of 
which the State has pledged itself to maintain such 
department (Chap. 142^ laws of 1889). 



72 INDIAN SCHOOLS 

Note.— This applies to the schools which turned over academic property 
to the State on certain conditions. 

Tuition money received by normal schools may be 
used for current expenses (Chap. 492, laws of 1870). 

INDIAN SCHOOLS 

Management — These are in charge of the superin- 
tendent, who shall establish such schools as he thinks 
necessary, employ superintendents, and, with the 
concurrence of the comptroller and secretary of State, 
cause to be erected the necessary buildings (xv. 33). 

Public moneys. — Indian children between 4 and 
21 shall draw public money the same as white chil- 
dren, and such money must be exclusively devoted 
to their education (xv. 36). There shall also be an 
annual appropriation of |6,000 by the legislature 
(xv. 37). Seepage 10. 

INSTITUTIONS rOB, THE DEAF AND DUMB, AND FOR 

THE BLIND. 

Management. — These institutions are subject to the 
visitation of the superintendent (xv. 40). 

Admission. — All deaf and dumb or blind persons, 
resident of this State for the three years preceding, 
upwards of 12 years of age, shall be eligible to 
appointment as State pupils to one of the institutions 
in this State. Such appointments are made by the 
superintendent, upon application under such con- 
ditions as to share of expense to be paid by parents, 
guardians, or friends as he may impose (xv. 41 ; 
131-138). 



CORNELL SCHOLARSHIPS 73 

Note. — Appointments to the Institution for the Blind in Batavla are not 
made by the superintendent. 

CORNELL SCHOLARSHIPS 

Note— In bestowing upon Coniell Uniyersity, as an endowment, the pub- 
lic lands granted this State by congress in 1862, the State reserved the privi- 
leges of free instruction to be given to a limited number of pupils from all 
parts of the State at such institution. 

Number. — The institution shall annually receive 
students to the number of one from each assembly 
district in the State, free of tuition fees or incidental 
charges (xii. 1). 

Note. — In case a candidate entitled to the scholarship by reason of 
highest standing in the examination should fail in his entrance examination 
at the university, should die, resign, be expelled, or vacate such scholarship 
in any way, either before or after entering, then the candidate next in 
excellence becomes entitled to it ; if there be no such candidate resident in 
the county, then the superintendent may appoint one from some other 
county (xii. 1. 5). 

How aivarded. — These scholarships shall be award- 
ed by competitive examination of candidates by the 
school commissioners and city superintendents of 
each county. These examinations shall occur at 
the court-house of each county on the first Saturday 
in June in each year. The questions are prepared 
by the department of Public Instruction and the 
examination papers handed in are to be forwarded 
there (xii. 1). 

Note 1.— The questions from the beginning to 1892arepublished in " The 
New York Question Book ", and in " Supplement No. 1 ", and " Supplement 
No. 2." 

Note 2.— As it is intended that this free instruction shall be a reward 
for superior scholarship in the public schools, none are eligible but those who 
have atte'ided some of the common schools or academies of the State at 
least 6 months of the year immediately preceeding the examination, and 
who are at least 16 years of age (xii. 1. 2). Children of those who haye died 



74 UNIVERSITY OF THE STATE OF NEW YORK 

in the military or naval service of the United States are to have preference 
(xii. 1. 7). 

Note 3.— A student may in the discretion of the president of the univer- 
sity he granted leave of ahsence from his studies for the purpose of earning 
funds to defray his living expenses at school, and be allowed 6 years to 
complete the course (xii. 1. 6). 

THE UNIVERSITY OF THE STATE OF NEW YORK 
Note.— The present university law is chapter 378, of the laws of 1892. 

History. — The university of the State of New York 
was created in 1784 under the name of *' regents of 
the university of the State of New York ", as a 
branch of the State government. 

Note.— The word " regent " was first used by the University of Paris, 
and signified a master qualified to teach. In the English universities the 
rule grew up that only those masters actually teaching, the "regents " as 
distinguished from the non-regents, should have a right to vote in certain 
university assemblies, the regent combining the functions of teaching and 
of governing. New York put the name to a new use, making the regents 
not the teaching but the governing ho^.^.— Sidney S]ierwoo(Z''s History, pages 
256, 257. 

The objects of the university are to encourage and 
promote higher education ; to visit and inspect its 
several institutions and departments ; to distribute 
to or expend or administer for them such property 
and funds as the State may appropriate therefor, or 
as the university may own or hold in trust or other- 
wise ; etc. 

Note.— In 1812 it started the movement that resulted in forming the 
system of public instruction ; in 1833 it established teachers' classes ; in 1864 
it started its system of examinations ; and in 1892 it received exclusive 
power of granting charters to educational institutions in the State. It has 
pitblished annual reports, which since 1835 have given educational statistics 
in great detail. In 1863 it established the university convocation, an annual 
meeting of teachers which has grown to be one of the most important in the 
country. In 1889 it took up the work of university extension. 

Extent. — The university consists of all institutions 



OFFICERS 75 

of higher education which are now or may hereafter 
be incorporated in this State, and such other hbraries, 
museums or other institutions for higher education 
as may, in conformity with the ordinances of the 
regents, after official inspection, be admitted to or 
incorporated by the university. 

Government. — The university is governed and its 
corporate powers exercised by 23 regents, including 
the governor, lieutenant-governor, secretary of state, 
and superintendent, who are regents by virtue of 
their offices. 

Note 1.— In case of the death, resignation, or removal from the State of 
any elective regent, his successor shall be chosen by the legislature in the 
manner provided by law for the election of senators in congress, except 
that the election may take place at any time during the session of the legis- 
lature as it may determine. 

Note 2.— No person shall be at the same time a regent of the university 
and a trustee, president, principal, or any other officer of any institution 
belonging to the university. 

Officers. — The elective officers of the university are 
a chancellor, a vice-chancellor, a secretary, and such 
other officers as are either authorized by law, or 
deemed necessary by the regents, all of whom are 
chosen by ballot and hold office during the pleasure 
of the regents. 

Note.— No election, removal or change of salary of an elective officer 
shall be made by less than ten votes in favor thereof. Each officer so elected 
shall, before entering on his duties, take and file with the secretary of state 
the oath of office required of State officers. 

Chancellor. — The chancellor presides at all meet- 
ings of the regents, confers all degrees which they 
shall authorize, and fixes the time and place of all 
special meetings. 



76 UNIVERSITY OP THE STATE OP NEW YOEK 

Note. — In his absence the vice-chancellor, or, if he be also absent, the 
senior regent present, performs the duties and has all the powers of the 
chancellor. 

Secretary. — The secretary is responsible for the 
safe-keeping and proper use of the university seal, 
and of the books, records, and other property in 
charge of the regents, and for the proper administra- 
tion and discipline of its various offices and depart- 
ments. 

Note 1.— He shall give bonds, to be approved by the chancellor, in writ- 
ing, in the penal sum of $10,000 for the faithful discharge of his duties. 

Note 2.— He shall have power to appoint, subject to the confirmation of 
the chancellor, any other officer of the university as his deputy to exercise 
temporarily any specified powers of the secretary in his absence. 

Meetings. — In addition to the annual meeting, the 
chancellor shall call a meeting as often as the busi- 
ness of the university requires, or if 5 regents in 
writing so request. 

Note 1.— At least 10 days notice of every meeting shall be given to each 
regent. If any regent shall fail to attend the meetings for one year without 
written excuse accepted as satisfactory by the regents, he shall be deemed 
to have resigned, and the regents shall report the vacancy to the legislature 
if in session, or at the opening of its next succeeding session, when the va- 
cancy must be filled. 

Note 2.— For the transaction of business, 10 regents attending shall be a 
quorum ; but the regents may elect an executive committee of not less than 
7, which in the interval between the meetings may transact such business of 
the regents as they may authorize, except to grant or revoke charters, or 
grant honorary degrees. 

Degrees and diplomas. — The regents may confer by 
diploma under their common seal such honorary 
degrees as they may deem proper, and may estab- 
lish examinations as to attainments in learning, and 
award and confer suitable certificates, diplomas and 
degrees on persons who satisfactorily meet the re* 
quirements prescribed. 



CONTROL 77 

Examinations. — They shall establish in the acade- 
mies of the university, examinations in studies fur- 
nishing a suitable standard of graduation from the 
academies and of admission to colleges, and certifi- 
cates or diplomas shall be conferred on students who 
satisfactorily pass such examinations. 

Note 1.— All the questions in arithmetic, geography, grammar, and spell- 
ing, up to June, 1882, are published with answers in a single volume called 
" The Eegents Questions Complete, with Key ", price $2.00. No other ques- 
tions with answers have been published, but the questions alone for the pre- 
ceding year may be had at any time in book form for 50 cts. 

Note 2.— Any pei-son shall be admitted to these academic examinations 
who shall conform to the rules and pay the fees prescribed by the regents, 
and said fees shall not exceed $1.00 for each academic branch and $5.00 for 
each higher branch in which the candidate is examined. 

Control. — The university, including the State li- 
brary and State museum, and such other depart- 
ments as the regents may establish, is under the 
control of the regents, who have all the powers of 
trustees, including full authority to appoint all 
needed officers and employees; to fix their titles, 
duties, salaries and terms of service ; to make all 
needed regulations to buy, sell, exchange or receive 
by will, gift or on deposit articles or collections prop- 
erly pertaining thereto; to maintain lectures con- 
nected with higher education in this State ; and to 
lend to or deposit permanently with other institu- 
tions books, specimens or other articles in their cus- 
tody which, because of being duplicates or for other 
reasons, will, in the judgment of the regents, be 
more useful in the said institutions than if retained 
in the original collections at Albany. 



78 UNIVERSITY OF THE STATE OF NEW YORK 

State Publications. — The regents have charge of 
the preparation, publication, and distribution, 
whether by sale, exchange or gift, of the colonial 
history, natural history, and all other State publica- 
tions not otherwise assigned by law. 

To guard against the waste of destruction of 
State publications, and to provide for the completion 
of sets to be permanently preserved in American 
and foreign libraries, the regents maintain in the 
State library a duplicate department to which each 
State department, board, or bureau shall send not 
less than five copies of each of its publications when 
issued, and after completing its distribution, any re- 
maining copies which it no longer requires. The 
above publications, with any other books and pam- 
phlets not needed in the State library, constitute the 
duplicate department, and the rules for sale, ex- 
change or distribution from it are fixed by the 
regents, who use all receipts from such exchanges 
or sales for the increase of the State library. 



TABULAR ANALYSIS 



Page 

Sup't of Public I]s^sTRUCTIo:^r - - - 9 

Election - - - - - 9 

Appeals - - - - - 9 

State School. Moneys - - - - 9 

How made up - - - - - 9 

How apportioned by the superiiitendent - 10 

How apportioned by commissioners - 10, 15 
How distributed by the State and county treasurers - 11 

How distributed by the supervisor - - 13 

Supervisor - - - - - 12 

Town school treasurer - - - 12 

Report to county treasurer - - - 13 

Failure to pay county tax - - - 13 

Town Clerk - - - - - 13 

Records . - - - - 13 

Reports of trustees - - - - 13 

Alteration of boundaries - - - - 14, 17 

ScHOOii Commissioner - - - - 14 

Election .... 14 

Qualifications - *- • - - - 14 

Salary . . . . . 14 

Removal - - - - - - 15 

Apportionment - - - - 10, 15 

Visitation - - - - - 15 

Condemnation of schoolhouses - - 15 

Examination of teachers - - - 16 

Annulment of licenses - - - 16 

Teachers' classes - - - - 16 

Teachers' institutes - . " ■ 1^ 

District boundaries - - - - 17 

(81) 



82 SCHOOL LAW OF THE STATE OF NEW YORK 

Page 

Reports - - - - - 18 

City and Village Superintendents - - 18 

Limit of population . . - 18 

District Meetings - - - - 19 

Time and place - - - - 19 

In districts of 300 children - - - 19 

Special meetings - - - 20 

Qualifications of voters - - - - 20 

Illegal voting . . - . 21 

Powers of School Meeting - - - 22 

Election of ofRcers - - - .22 

Sites and buildings - - - 23, 31, 32, 56 

Purchase of apparatus - - - 23, 48 

District Clerk - - - - 24 

Duties - - - - , - 24 

Notices of election - - - - 25 

Penalties .... 25 

District collector - . , . - 25 

Bond required .... 25 

Vacancy - - - " - - 26 

Delivery of warrant - - 26, 30, 32 

Renewal of warrant - - - - 26 

Posting notices . . - . 26 

Compensation - - - - 26 

Enforcement of tax levy - . . 27 

May sell personal property but not real-estate - 27 

Money held in trust - . . 27 

Unpaid taxes - - - - 28 

Treasurer .... 28 

Trustees - - - - ' - 28 

Number .... 28 

Office how vacated - - - - 29 

Removal by superintendent - - 29 

Vacancies how filled - - - - 29 

May fill other vacancies ... 30 

Board meetings - - - - 30 



TOPICAL ANALYSIS 83 





Page 


Powers and duties - - , 


80 


Make out tax-list 


- 30, 46 


Limit to tax for building 


31 


Schoolhouses condemned 


33 


Purchase or lease a sclioolhouse site 


32, 56 


Have custody of property 


33 


Employ teachers 


33 


Qualified teachers 


- 33, 46 


Not limited by wishes of district - 


33 


Sole trustee may employ in advance - 


33 


Relationship a bar to employment 


34 


Make written contract with teachers 


34 


Dismissal of teachers 


35 


The power to dismiss 


36 


Establish regulations and courses of study 


- 37, 55, 58 


Attendance 


37 


Children of school age 


37 


Suspension and exj^ulsion 


38 


For tardiness 


38 


For absence 


39 


For non-vaccination 


43 


The compulsory law 


43 


Course of study 


48, 55 


Text-books 


- 44, 55 


Changing text-books - 


44 


Religious exercises 


44 


Conduct of pupils 


45 


Give to teachers orders for their wages 


46 


Payment of unqualified teacher 


33, 46 


Outbuildings 


47 


Purchase of apparatus 


- 23, 48, 57 


Libraries 


48 


Branch schools 


49 


Contracts with city schools 


49 


Records 


49 


Payment to themselves 


50 


Reports 


50 



84 SCHOOL LAW OF THE STATE OF NEW YORK 

Page 
Union free schools - - - - 50 
Establishment - - - ^ - 50 
Union meeting - - - - 51 
Election of board of education - - 51 
Change in number of members - - 52 
Dissolution - - - - 53 
Notice to commissioner - - - 53 
Annual meeting - - - - 54 
Powers of a board of education - - - 54 
Establish rules and regulations - - 55 
Prescribe the course of study - - - 55 
Prescribe the text books used - - 55 
Furnish to pupils if so voted - - 55 
Purchase sites and construct schoolhouses - 56 
In villages and cities - - - 56 
In other union free school districts - 57 
Purchase furniture and apparatus - - 57 
Keep schoolhouse and furniture in repair - 58 
Have superintendence of school - - 58 
Establish an academic department - 59 
Admission to the regents - - - 59 
Employ teachers . - - 63 
Appoint a superintendent - - - 64 
Publish financial report - - - 65 
Appoint truant officer - - - 65 
Cause instruction to be given in drawing and music 65 
Establish kindergarten and manual training depart- 
ments .... 66 
Open schools for colored children - - 66 
Celebrate arbor day - - - 66 
Present estimate of money requked - - 67 
Levy tax for expenses not provided for - 68 
District and Union Free Schools Compared - 68 
Normal Schools .... 70 
Local boards - - - - 70 
Management .... 70 
Course of study - - - - 70 



TOPICAL ANALYSIS 85 

Page 

Admission of pupils - - - 71 

Expenses of pupils - - - - 71 

Academic departments . . . 71 

Indian Schools ----- 73 

Management .... 72 

Public moneys - - - - 73 

Institutions FOR the Deaf and Dumb, and for the Blind 73 

Management - - - - - 73 

Admission .... 72 

Cornell Scholarships - - - - 73 

Number .... 73 

How awarded - - - - 73 

University of the State of New York - 74 

History . .... 74 

Objects - - - . . 74 
Extent of jurisdiction - - - "74, 77 

Government .... 75 

Officers ..... 75 

Chancellor .... 75 

Secretary - - , - - - 76 

Meetings - - - - 76 

Degrees and Diplomas - - - 76 

Examinations - - -. - 77 

Control - - - - - 77 

State Publications - - - 78 



INDEX 



Page 

absence of pupils 39-42 

for religious observances 45 

from examination 39 

academic department 

union schools 59 

normal schools 71 

academic fund 61 

academy, adoption of 61 

defined 59 

adjournments 22, 24, 51 

admission to regents 59 

alcoholic drinks 43, 56, 70 

aliens cannot vote .21 

alteration of boundaries. 12, 14, 17, 51 
Am. Museum of Natural History. 71 

annulment of district 18, 32 

of teacher's license 16, 33, 35 

apparatus 23, 48, 57 

commissioners interested in 15 

for admission to regents 60 

appeals to superintendent 9, 70 

application to regents 60 

arbor day 66 

assessments. 30, 31 

Asylum for Idiots 9 

attendance 37-43, 55 

aggregate days 11 

attendance officer 43, 65 

authority over pupils 45 

ayes and noes 23, 24 

ballot, when required 22, 23, 24 

Batavia, Institution for the Blind. 73 

bequests 48, 58, 59 

Bible in school 45 

blind, institutions foj' 72 



Page 

boards of education 51-70 

vacation of office 12, 14 

bonded indebtedness 18, 23, 57 

bonds 22, 25, 54, 76 

books for libraries 48 

for admission to regents 59 

published by the State 78 

boundaries 12, 14, 17, 51 

branch schools 49, 58 

Brooklyn excepted 31, 50 

brooms 48 

Catholic schools 45 

certificates of teachers IG, 33 

chancellor of the university 70, 75 

charter elections 52, 54 

Christmas a holiday 10 

cities, special provisions 

10, 19, 49,51, 52, 54, 56, 67 

of more than 30,000 56 

citizenship required 

of voters and district officers 21 

of commissioners 14 

<Svil procedure, code of 56 

clerk, district 19, 24, 25, 26, 30 

union schools 54 

clerk, town. .13, 14, 17, 18, 25, 32, 52, 69 

closing school 34, 35 

code of civil procedure 56 

code of public instruction 33 

collector 12, 22, 25, 28, 32, 46 

union schools 54 

college graduate certificate 33 

colored children 38, 55, 66 

commissioners .....14-18 

accept resignations 29 



(87) 



8S 



SCHOOL LAW OF THE STATE OF NEW YORK 



Page 

apportion public moneys 10, 15 

appoint trustees 29 

approve of tax and plans 

23,51,57 

condemn schoolhouses 15, 32 

consent to alteration of site 23 

to dissolution of union schools 

53,70 

dissolve districts 51 

records of 25 

examine teachers 16 

teachers' classes 63 

for Cornell scholarships 73 

may not be teacher or trustee, 

14,22, 53 

order outbuildings erected 48 

special meetings 19 

receive trustees' reports 

...13,52,67,69 

use schoolhouses 16, 17, 32 

salaries of 10 

commissioner districts 13 

committees to visit schools 65 

common school fund 9 

of a town 12 

compulsory law 43 

contracts with teachere 33, 34 

with city schools 49 

convocation, university 74 

Cornell university 9 

scholarships 73 

Cortlandt excepted 54 

course of study 15, 37, 43-45, 55 

county judge 11 

county treasurer 11, 13 

deaf and dumb 72 

degrees and diplomas 76 

department of public instruction.. 74 

dictionary 48 

discipline 15, 36, 37, 38 

dismissal of teachers 35-37 

disobedience 29, 70 

dissolution of district 12, 18, 25 

union school ...52 



Page 
district 

alteration of boundaries 

12,14, 17, 51 

dissolution 12, 18, 25 

inhabitant of 30 

library money 11, 12 

moneys .50 

officers' addresses 14 

teacher's quota 10, 11, 49, 66 

treasurer 12, 22, 28, 54 

imder special act 19 

union 51 

district and union schools com- 
pared... 68 

district clerk 19, 24, 25, 26, 30 

district collector 

12,22, 25-28,32, 46 

district meetings 19-24 

must be held in dissolved dis- 
trict 18 

must have representative at- 
tendance 19 

notice by clerk 24 

notice if not in schoolhouse 20 

time of election extended ... 20 

may accept resignations 29 

may not select teacher 33 

may permit trustee to hire rela- 
tion 34 

should vote on payment to trus- 
tees 50 

in districts of 300 children 19, 21 

in union free school districts. . .56, 57 
estimate of money required. . .67 

special meetings 20, 24, 30, 47 

notice by clerk 24, 25, 30 

for condemned schoolhouse. ..32 

for union free school 50 

for disolution of u. f. s 63 

appeal from 70 

district treasurer , 12, 22, 28, 54 

Draper, Sup't 41 

drawing 43, 44, 65, 70 

election, notice of 24, 25,'*30 



INDEX 



89 



Page 

election days 10 

Ellington, District No. 2 39 

epidemic, school closed for 35 

Erie county excepted 20 

exceptions from parts of the law, 

20,31,54,56 

estimate of money required 50, 67 

evening schools 44, 65 

examinations, absence from 39 

in school buildings 32 

of teachers 16 

of teachers' classes 63 

expulsion of pupils 38-43 

extension, university 74 

fast days are holidays 10 

fines upon pupils 38 

upon officers. See penalties 

free-hand drawing 43, 44, 65, 70 

fuel , 48,63 

furniture 57, 63 

commissioner interested In 15 

repaired 16 

general laws quoted 42 

gifts and legacies 48, 58, 59 

Gilmour, Sup't 39 

globes 23, 48 

gospel lots 12 

grading of schools 59 

heating and ventilation.. 23, 51, 57, 58 

high school defined 59 

holidays 10, 35 

closing school on school day . . 34, 35 

illegal voting 21 

immorality of pupils 38 

of teachers as, 35 

of trustees 29 

incompetency 33, 35 

incorporated villages, special pro- 
visions 19, 51, 52, 54, 56, 67 

Indian children 37 

schools 10, 72 

indigent pupils 2a, 55 



Page 

industrial drawing 43, 44, Co, 70 

industrial training 66, 71 

inefficiency 35 

inhabitant of district 30 

instalments 18, 23, 57 

institutes 9 

attendance of teachers 10 

care of commissioner 17 

close of schools for 17, 35, 72 

time not to be made up 35 

in school buildings 32 

insubordination 38 

insurance 24, 33, 58 



joint district. . 
junior schools. 



..51 
.59, 60 



keeping a good school 35 

kindergartens 44, 66 

Labor-day a holiday 10 

law-suits 24, 47 

legacies .48, 58 

length of contract 33, 34 

libraries 10, 11, 46, 48, 63 

licenses of teachers 16, 33 

licentious propensities 38 

literature fund 61 

local normal boards 70 

majority vote 22,23 

management of schools. 15, 37, 58, 70 
manual training.. 43, 44, 65, 66, 70, 71 

maps 23, 48 

meetings, district 19-24 

boards of education 54 

regents 76 

trustees 25, 30 

middle schools 59 

misdemeanors 

commissioners 15 

illegal votei-s 21 

supervisors 11 

trustees 33, 46 

Missouri decision 42 

money held in trust 27 



90 



SCHOOL LAW OF THE STATE OF NEW YORK 



Page 

monitors not teachers 10 

music. 44 

names and addresses of district 

officers 14 

narcotics 43, 56, 70 

neglect of duty 29 

negligence 35 

New Years a holiday 10 

New York city excepted 31 

newspaper notice required. 51, 57, 65 

non-resident pupils 37, 38, 63 

tax payers 31 

normal schools. 70 

diplomas 16, 33 

students 71 

notice of election 24, 25, 30 

nuisances abated 16, 48 

orphan asylums 37, 66 

outbuildings 16, 47, 64 

outside stair-cases 31, 64 

pails provided 48 

parent's authority 40, 41, 43, 45 

pedagogic books 48 

penal code , . .21 

penalties 

commissioners 15 

employers 43 

parents 43 

supervisor 11 

town clerk 25 

trustees 33, 47, 50 

changing text-books 44 

illegal voting 21 

neglect of school officers 47 

non-report to commissioner 47 

non -report to regents 62 

refusal to serve 29 

unclean outhouses 47 

schools not closed for institute . . 17 

supex-visor to sue for 12 

physiology and hygiene 43, 56, 70 

poor-house children 37 



Page 

poor scholars 23, 55 

posting of notices 26, 51 

prayer in school 45 

privies 16, 47, 64 

provisional regents' examinations.62 

public moneys 9-12, 62 

apportioned by commissioners. . 15 

to Indian schools 10, 72 

withheld for failure to report. . .47 

for unclean outbuildings 47 

publications by the State 78 

pupil attendance 17 

pupil teachers 10 

pupils, authority over 55 

teachers and parent 40, 41, 55 

expulsion of 38-43 

indigent .23, 55 

non-resident 37, 38, 63 

normal 71 

transfer of 55 

truant schools 43, 65 

qualifications of commissioner ... 14 

of district officers 22 

of voters ; 20, 51 

qualified teachers 10, 33, 35, 64 

railroad taxes 26 

reading-books from libraiy money. 48 

records, boards of education 64 

town clerk 13 

trustees 49 

reference books 48 

I'egents of the university. .59-62, 74-78 

examinations 62, 74, 77 

transfer of library 48 

registration of schools 61 

relationship of teacher to trustee.. 34 

religious exercises 44 

meetings in schoolhouses 32 

observances by pupils 39, 45 

removal of commissioners 15 

of members of boards of educa- 
tion 64, 70 

of members of local normal 



INDEX 



91 



Page 

boards 70 

of trustees 29, 47, 50 

repairs 48,58 

reports of boards of education 

67,69 

of commissioners 18 

of trustees 47, 50 

to regents 62 

resident pupils .37 

Richmond county excepted 20 

Euffffles, Sup't 40 

rules and regulations 37-45, 55, 59 

St. Johnsville decision 20 

St. Lawrence county excepted 20 

salaries of commissioners 14 

of superintendents 9 

Sanders, Clarence 40 

scholarships, Cornell 73 

school age 37, 66 

school commissioner. See commis- 
sioner. 
school district. See distnct. 

schoolhouses 

condemnation of 15, 32 

custody of 32, 58 

heating and ventilation 58 

limit to tax for 31, 56 

may be used by commissioner. . 

16, 17,32 

outside stair cases 31, 64 

plans of approval 10, 56 

repairs 16, 48 

sites 16, 23, 32, 56 

school lots 12 

school moneys 9-12, 47, 62, 72 

ofatown 12 

apportioned by commissioners. .15 
how paid out in union schools. . 67 

school year, length of 10 

deficiency for institute 10 

secretary of the regents 76 

senior schools 59 

severity of punishment 37 

sex no disqualification 14, 21 



PAGE 

sites 16, 23,32,56 

staii'-cases 31, 64 

State certificates 16, 33 

stimulants and nai'cotics. . .43, 56, 70 

stoves provided 48 

superintendents, city and village, 

9, 18,72 

superintendent of public instruc- 
tion ,. 9 

appoints local nonnal boards. . .70 

apportions school moneys 10 

designates schools for teachers' 

classes 62 

determines population of dis- 
tricts 18 

directs commissioner to take 

testimony 16 

issues pamphlets for arbor-day. .67 
makes appointments to institu- 
tions 72 

makes, with treasurer, tempor- 
ary loans 13 

may consent to con*ection of tax 

list 31 

make allowance to um-eported 

districts 47 

order outbuildings erected . . .64 

order special meetings 19 

remove trustees 29, 64 

I'eceives certificates of appoint- 
ment 11 

notice of action as to union 

schools 52,53 

requires i-eports of boards of ed- 
ucation 69, 70 

supervise i union and normal 

schools .- 70 

supervisors 12, 13 

act on district boundaries 

12. 14.17 

cannot bo trustees 22, 52 

certificate of commissioners 11 

consent to renewal 01 warrant. . 26 

distribute public moneys 12 

filing of bond 11 



92 



SCHOOL LAW OP THE STATE OF NEW YORK 



Page 
may change commisioner dis- 
tricts 13 

may increase commissioners' 

salaries 14 

orders upon for wages 46 

reports of collectors 27 

sue for penalties 21 

unexpended public moneys 21 

State publications 78 

State tax 13 

State treasurer 11, 13 

Suffolk county excepted 20 

supplementary reading-books 48 

suspension of pupils 38-43 

tardiness 38, 41 

taxes 13 

for apparatus 23, 56 

building 23,31,56 

contingent expenses 68 

deficiency 23 

fuel, &G 48 

insurance 24 

library 23 

outbuildings ,48 

teachers' wages 

24,46,47,56,57, 68 

how collected 25-28, 32 

enforcement 25, 27 

how paid out 67 

tax-list , 30, 31 

clerk employed 50 

filed with town clerk 32 

teachers 

act ao librarians 4<5 

change oi 10 

dismissal of .35-37 

district quota 10, 11, 49,66 

employment of 33-37,63 

examination of . .10 

incompetency 33, 35 

may not be commissioner, super- 

tendent, or trustee.. 14, 19, 22, 50 
must instruct n on- residents . . . . 38 
must verify school report . . .46, 49 



Page 
need hot board with trustee. . . ■ 46 
orders for wages payable to 

themselves alone 46 

pay for time at institute 17 

qualified 43, 46, 66 

wages 12,24,33,46,57 

teachers' classes 9, 16, 62, 74 

temperance meetings 32 

temporary licenses 33 

town clerk..l3, 14, 17, 18, 25, 32, 52, 69 

town treasurer 12 

tenants as tax-payers 30 

text-books 23,44,55 

commissioners interested in 15 

Thanksgiving a holiday 10 

training-classes 9, 16, 62, 74 

transfer of pupils 55 

treasurer, county 11 

district 12,22,28,54 

State 11,13 

town 12 

trifling conversation 36 

truant schools 43,65 

trustees : 28-50 

approve collector's bond 25 

call special meetings 19, 51 

consent to alteration of bound- 
aries , 17 

elected how 22 

fill vacancies 25, 26 

majority of three 12, 30, 31 

may borrow money . . 23 

may not be teacher 22 

meetings ol 25, 30 

must sustain the teacher 34, 38 

present statement 22 

qualifications 22 

reports 13 

term of office. 22 

vacation of ofBce 12, 14 

written orders of 12 

uniform certificates 33 

union districts 51 

union free schools 50-70 



INDEX 



93 



Page 

boundaries altered 18 

collector ,. 54 

compared with district schools . • 68 

may transfer library 49 

money turned over to treasurer.. 12 

relationship of teacher 34 

text-booKs 44 

treasurer 54 

if of 5,000 inhabitants 

may appoint superintendent 

18,64 

establish kindergartens 44 

need nou close for institute .... 17 

XJ. S. deposit fund 9, 61 

univei-sity o. the State of New York, 

74-78 

university convocation 74 

university extension 74 

unqualified teachers 33, 46, 66 

vacancies filled 63 

vacation of school 35 



Page 

of office 13,14,29 

vaccination 42 

valuation of property 30 

ventilation and heating.. 23, 51, 57, 58 

villages, incorporated 

.19,51,52,54,56,67 

visitation of regents 59-62 

of superintendent 70 

of committees 65 

vocal music 44,63, 71 

voters 20, 21 

vulgar remarks > 36 

wan-ants for taxes 26 

filed with the town clerk 32 

Y'arren county excepted 20 

■^v ashington's birthday 10 

water-closets 16, 47, 64 

Westchester county excepted 20 

White Plains excepted 54 

Wisconsin decision 38 

written excuses 39, 40 



'THE SCHOOL BULLETIN PUBLICATION'S.- 



Books for New York Schools. 

A Brief History of the Empire State, for Schools and Families. By Wbl- 
lAKB Hendrick, A.m. Cloth, small 4to, pp. 201. 75 cents. 

This book has proved one of the great successes, more than one hundred 
schools having officially adopted it during the school year 1891-92. On 
petition of the principals of Regents' schools this subject has been made a 
part of the Regents' course of study, with special questions in the examina- 
tions, and the Department of Public Instruction gives it five counts at tha 
examinations for State certificates. Whether used as a history, or as a sup- 
plementary reading-book, it has given universal satisfaction, and it is to-day 
the most popular text-book in every school where it is used. Do not think 
the village and city schools alone can use it. The smallest district school 
may buy half a dozen copies for its largest reading-class with profit, for 
when that class reads, every other scholar in school will listen. This is a day 
when New York history is coming to the front, and intelligent teachers will 
see to it that their schools keep up with the procession. 

2. Civil Government for Common Schools, prepared as a manual for 
public instruction in the State of New York. To which are appended the 
Constitution of the State of New York as amended at the election of 1882, 
the Constitution of the United States, and the Declaration of Independence, 
etc., etc. By Henry C. Northam. 16mo, cloth, pp. 220. 75 cts. 

Whether it was that this book was made because the time demanded it, 
or that the publication of a book which made the teaching of Civil Govern- 
ment practicable led to a general desire that it should be taught, certain it 
is that this subject, formerly regarded as a " finishing " branch in the high 
school, is now found on every teacher's examination paper, and is common- 
ly taught in district schools. Equally certain is it that in the State of New 
York this text-book is used more than all others combined, while the special 
edition prepared for Missouri was exhausted in a month. 

3. A Chart of Civil Government. By Charles T. Pooler. Sheets 12x18, 
5 cts. The same folded for the pocket, in cloth covers, 25 cts. 

Some commissioners have purchased these charts by the hundred and 
presented one to every school house in the county. 

U. Common School Law for Cotnmon School Teachers. A digest of the 
provisions of statute and common law as to the Relations of the Teacher to 
the Pupil, the Parent, and the District. With 500 references to legal decis- 
ions in 28 different States. 16th edition, with Introduction for School Trus- 
tees, containing the most important General Provisions of the School Law. 
By C. W. Bardben. 16mo, cloth, pp. 166. 75 cts. 

This has been since 1875 the standard authority upon the teacher's rela- 
tions, and is frequently quoted in legal decisions. The new edition is much 
more complete than its predecessors, 

5. Laios of New York relating to Common ScTiools, with Comments and 
Instructions, and a digest of Decisions. 8vo, leather, pp. 807. S4.00. 

This is what is known as " The New Code of 1888," and contains all re- 
visions of the State school-law to date. 

€. Rise and Progress of the New York School System. By A. E. Schep- 
MOES. Leatherette, 16mo, pp. 32. 35 cts. 

C. W. BARDEEN, Publisher, Syracuse, N. Y. 



■THE SCHOOL BULLETIN PUBLICATIONS,- 



The Eegents' Questions. 

1. The Eegents' Questions in Arithmetic, Geography, Grammar and Spell- 
ing from the first examination in 186G to June 1882. {No questions of later date 
will beprinted.) Being the 11,COO Questions forthe preliminary examinations 
for admission to the Uniyersity of the State of New York, prepared by the 
Eegents of the University, and participated in simultaneously by more than 
250 academies, forming a basis for the distribution of more than a million of 
dollars. Complete with Key. Cloth, 16mo, pp. 473. $2.00. 

g. Complete. The same as above but without answers. Pp. 340. $1.00. 

In the subjects named, no other Question Book can compare with this 
either in completeness, in excellence, or in popularity. Dy Legislative En- 
actment no lawyer can be admitted to the bar in the State of New York 
without passing a Eegents' Examination in these subjects. 

3. Separately. The same, each subject by itself, all Manilla, 16mo. 

Arithmetic, 1293 Questions, pp. 93, 25 cts. Geography, 1987 Questions, pp. 
70, 25 cts. Grammar, 2976 Questions, pp. 109, 25 cts. Spelling, 4800 Words, 
pp. 61, 25 cts. Keys to AHthmetic, Geography, and Grammar, each 25 cts. 

h. The Dime Question Books, with full answers, notes, queries, etc. Paper, 

pp. about 40. By A. P. Southwick, Each 10 cts. 

flleinentary Series. Advianced Series. 

3. Physiology. 1. Physics. 

4, Theory and Practice. 2. General Literature, 
6. U. S. History and Civil Gov't. 5. General History. 

10. Algebra. 7. Astronomy. 

13. American Literature. 8. Mythology. 

14. Grammar. 9. Ehetoric. 

15. Orthography and Etymology. 11. Botany. 

18. Arithmetic. 12. Zoology. 

19. Physical and Political Geog. 16. Chemistry. 

20. Eeading and Punctuation. 17. Geology. 

These 10 in one book. Cloth, $1.00. . Th£se 10 in one book. Cloth, $1.00. 
Extra Volumes, 21. Temperance Physiology, 22. Book-Keeping, 23. Let- 
ter-Writing, each 10 cts. 

The immense sale of the Eegents' Questions in Arithmetic, Geography, 
Grammar, and Spelling has led to frequent inquiry for the questions in the 
Advanced Examinations. As it is not permitted to rejjrint these, we have had 
prepared this series, oy which the teacher need purchase books only on the 
subjects iipou which special help is needed. Frequently a $1.50 book is 
bought for the sake of a few questions in a single study. Here, the studies 
may be taken up one at r. time, a special advantage in New York, since appli- 
cants for State Certificates may now present themselves for examinatimi in only 
part of the subjects, and receive partial Certificates to be exchanged for full Cer- 
tificates when all the branches have beenpassed. The same plan is very gener- 
ally pursued by county superintendents _and commissioners who are encour- 
aging their teachers to prepare themselves for higher certificates. 

5. Quizzism. Quirks and Quibbles from Queer Quarters. Being a Melange 
of questions in Literature, Science, History, Biography, Mythology, Philolo- 
gy, Geography, etc. By A. P. Southwick. Cloth, 16mo, pp. 55. 25 cts. 
The same with Key, $1.00. 

A stimulus for home study, and invaluable for school or teachers' 
gatherings. 

6. A Quiz-Book on the Theory and Practice of Teaching. By A. P. 
Southwick. Cloth, 12mo, pp. 220. Pi-ice $1.00. 

This is one of the six books recommended by the State Department for 
study in preparation for State Certificates. 

C. W. BARDEEN, Pul>lislier, Syracuse, ]Sr. Y. 



THE SCHOOL BULLETIN PUBLICATIONS.- 



Helps in Eegents' Examinations. 

1. Regents' Eozamination Pamper. This is prepared from forms furnished 
by the Kegents' office, and is of a weight and quality of paper chosen there 
as best fitted for the purpose. Each 1,000 half -sheets comes in a varnished 
wooden box with sliding cover, strong enough to bear shipment by express. 
The paper is printed in four forms, viz. : "Whole sheets, Half-sheets, Spelling, 
and Book-Keeping in whole sheets. "We suggest for most schools the fol- 
lowing proportion : 

"Whole sheets, 350, equal to half -sheets .• . 700 

Half-sheets 100 

Spelling 100 

Book-Keeping, 50, equal to half -sheets 100 

1,000 
We will however fill orders in any proportion desired, with the single 
proviso that all ordering must be in hundreds of half -sheets, '^q cannot 
undertake to count out, for instance, 737 whole sheets, 183 half -sheets, and 
91 spelling. Orders will be received only for boxes holding the equivalent of 
1,000 half -sheets, at the uniform rate of $3.00. As this is less than 25 cts. a 
pound, we can allow no discount whatever, even to the trade, and we pre- 
fer that all orders should come to us from the school direct. 

Note. The demand for a paper that would answer all the requirements 
for the examination in drawing, led us to prepare a special paper of the size 
and quality approved by the Regents. This is uniform in size with the other 
paper, but is not included in the assortment put up in the boxes, because of 
the difference in weight and price. It costs S4.00 per ream, or $1.00 per 100 
sheets, is of exceptional quality, and indispensable where the drawing ex- 
amination is to be taken. 

S. Begents'' Examination Pens. These pens are put up in quarter-gross 
boxes, and will be sent post-paid for 25 cts. a quarter-gross or $1.00 a gross, 

3. Begents'' Examination Record. Principals who have tried it pro 
nounce our New Record perfect. It contains an alphabetical index, a classl 
fled record of certificates and diplomas, and individual records for 432 pupils 
with dates of all credits, pass-cards, certificates, and diplomas. Price $3.00, 
For large schools, a few have been bound up in canvass, double-size, for 
834 pupils, price $6.00. 

4. Regents^ Individual Card Records. These give the same individual 
record as above, but are printed each separately on card-board. Price $1.50 
a hundred. 

5. Syllabus of Regents'' Examinations in American History. These are 
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